C^-' TOKONTO LEGISLATIVE ASSEMBLY OF ONTARIO SECOND SESSION THIRTY-SECOND PARLIAMENT BILLS AS INTRODUCED IN THE HOUSE TOGETHER WITH REPRINTS AND THIRD READINGS SESSION MARCH 9th to JULY 7th, 1982 and SEPTEMBER 21st to DECEMBER 21st, 1982 and JANUARY 17th to FEBRUARY 23rd, 1983 INDEX SECOND SESSION THIRTY-SECOND PARLIAMENT PUBLIC BILLS (GOVERNMENT) Agricultural Societies Amendment Act, 1982 163 Anti-Inflation Agreement Act, 1982 (Lapsed) 180 Assessment Amendment Act, 1982 188 Assessment Appeals Procedure Statute Law Amendment Act, 1982 1^0 B Boilers and Pressure Vessels Amendment Act, 1982 (Lapsed) 137 Brantford-Brant Annexation Amendment Act, 1982 . . . 1^3 Business Corporations Act, 1982 6 Certification of Titles Amendment Act, 1982 120 Charities Accounting Amendment Act, 1982 3 Children's Law Reform Amendment Act, 1982 123 City of Thunder Bay Amendment Act, 1983 1^6 City of Toronto 1981 Assessment Complaints Act, 1982 60 Collection Agencies Amendment Act, 1982 (Lapsed) . . . 138 Construction Lien Act, 19b 2 (Withdrawn) 139 Construction Lien Act, 1983 216 Corpcfations Information Amendment Act, 1982 .... 3 Corporations Tax Amendment Act, 1982 11^ County of Haliburton Act, 1982 191 County of Oxford Amendment Act, 1982 13 Crown Trust Company Act, 1983 213 Degree Granting Act, 1982 (Lapsed) 137 Development Corporations Amendment Act, 1982 .... 30 District Municipality of Muskoka Amendment Act, 1982 9 District of Parry Sound Local Government Amendment Act, 1982 92 Education Amendment Act, 1982 ^6 Emergency Plans Act, 1982 (Lapsed) 167 Farm Products Containers Act, 1982 171 Fuel Tax Amendment Act, 1982 8 Fuel Tax Amendment Act, 1983 203 G Gasoline Handling Amendment Act, 1982 (Lapsed) .... 160 H Health Protection and Promotion Act, 1983 138 Highway Traffic Amendment Act, 1982 26 Highway Traffic Amendment Act, 1982 8* Horticultural Societies Amendment Act, 1982 16<> Immunization of School Pupils Act, 1982 1^2 Inflation Restraint Act, 1982 179 3 Judicature Amendment Act, 1983 183 Land Titles Amendment Act, 1982 132 Land Transfer Tax Amendment Act, 1982 (Lapsed). . . . 20^ Law Society Amendment Act, 1982 199 Legislative Assembly Amendment Act, 1982 168 Legislative Assembly Retirement Allowances Amendment Act, 1982 (Lapsed) 109 Loan and Trust Corporations Amendment Act, 1982 . . . 212 M Malvern Waste Removal Act, 1982 (Carried Forward) 17^ McMichael Canadian Collection Amendment Act, 1982 175 Mechanics Lien (See Construction Lien) Ministry of Agriculture and Food Amendment Act, 1982 172 Ministry of Citizenship and Culture Act, 1982 36 Ministry of Colleges and Universities Amendment Act, 1982 (Lapsed) 213 Ministry of Industry and Trade Act, 1982 38 Ministry of Tourism and Recreation Act, 1982 ^1 Mortmain and Charitable Uses Repeal Act, 1982 .... ^ Motor Vehicle Accident Claims Amendment Act, 1983 177 Motor Vehicle Dealers Amendment Act, 1982 (Lapsed) 130 Motorized Snow Vehicles Amendment Act, 1982 27 Municipal Amendment Act, 1982 12 Municipal Amendment Act, 1982 150 Municipal Boundary Negotiations Amendment Act, 1982 62 Municipal Conflict of Interest Act, 1983 1^ Municipal Elections Amendment Act, 1982 10 Municipal Elections Amendment Act, 1982 119 Municipal Interest and Discount Rates Act, 1982 .... 91 Municipal Licensing Act, 1982 (Lapsed) 11 Municipality of Metropolitan Toronto Amendment Act, 1982 29 Municipality of Metropolitan Toronto Amendment Act, 1983 127 Municipality of Metropolitan Toronto Amendment Act, 1983 195 N North Pickering Development Corporation Repeal Act, 1982 (Lapsed) 9^ Occupational Health and Safety Amendment Act, 1982 (Lapsed) 110 Ontario Loan Act, 1982 Ill Ontario Unconditional Grants Amendment Act, 1982 ... 28 Operating Engineers Amendment Act, 1982 1^3 Pension Benefits Amendment Act, 1983 178 Planning Act, 1983 159 Planning Statute Law Amendment Act, 1983 19^ Power Corporation Amendment Act, 1983 197 Provincial Court (Civil Division) Project Amendment Act, 1982 196 Provincial Courts Amendment Act, 1982 1^^ Provincial Land Tax Amendment Act, 1982 113 Public Remuneration Disclosure Act, 1982 (Lapsed) 116 Public Utilities Amendment Act, 1982 93 Reciprocal Enforcement of Maintenance Orders Act, 1982 1 Regional Municipalities Amendment Act, 1982 15 Regional Municipalities Amendment Act, 1982 149 Regional Municipality of Hamilton-Wentworth Amendment Act, 1983 192 Regional Municipality of Ottawa-Carleton Amendment Act, 1982 (Lapsed) 190 Regional Municipality of Waterloo Amendment Act, 1983 193 Registry Amendment Act, 1982 131 Residential Complexes Financing Costs Restraint Act, 1982 198 Retail Sales Tax Amendment Act, 1982 115 Rideau Centre Mortgage Financing Act, 1982 105 Securities Amendment Act, 1982 (Lapsed) 176 Solicitors Amendment Act, 1982 (Lapsed) 161 Supply Act, 1983 220 Surrogate Courts Amendment Act, 1982 2 Technology Centres Act, 1982 124 Tobacco Tax Amendment Act, 1982 112 Toronto Futures Exchange Act, 1982 (Carried Forward) 7 Toronto Stock Exchange Act, 1982 21 U Unified Family Court Amendment Act, 1982 135 V Vital Statistics Amendment Act, 1982 (Lapsed) 170 W Workmen's Compensation Amendment Act, 1982 .... 205 NOTE; All Public Bills (Private Members') lapsed. PUBLIC BILLS (PRIVATE MEMBERS') Affirmative Action Act, 1982 210 Age of Retirement Act, 1982 147 Arbour Day Act, 1982 24 Assessment Amendment Act, 1982 102 Assessment Amendment Act, 1982 123 Assessment Appeal Procedure Amendment Act, 1982 . . 40 Automobile Insurance Rate Control Act, 1982 155 B Beer in the Ball Park Act, 1982 22 Child Car Seats - see Highway Traffic 17 Class Actions Act, 1982 122 Condominium Amendment Act, 1982 206 Condominium Amendment Act, 1982 207 Consumer Contracts - see Plain Language Consumer Protection Amendment Act, 1982 104 Consumer Protection Amendment Act, 1982 154 Consumer Protection Amendment Act, 1982 202 Crown Employees Collective Bargaining Amendment Act, 1982 68 D Denture Therapists Amendment Act, 1983 217 Disabled Persons Employment Act, 1982 69 Education Amendment Act, 1982 16 Education Amendment Act, 1982 89 Education Amendment Act, 1982 162 Election Amendment Act, 1982 182 Election Amendment Act, 1982 201 Election Finances Reform Amendment Act, 1982 .... 101 Electoral Boundaries Readjustment Act, 1982 187 Empire-Building Control Act, 1982 165 Employment Standards Amendment Act, 1982 ^9 Employment Standards Amendment Act, 1982 70 Employment Standards Amendment Act, 1982 71 Employment Standards Amendment Act, 1982 7^ Employment Standards Amendment Act, 1982 76 Employment Standards Amendment Act, 1982 17 Employment Standards Amendment Act, 1982 78 Employment Standards Amendment Act, 1982 82 Employment Standards Amendment Act, 1982 83 Fair Pricing Act, 1982 153 Fair Pricing Act, 1982 18^ Family Law Reform Amendment Act, 1983 219 Farm Products Marketing Amendment Act, 1982 .... kl Financial Administration Amendment Act, 1982 200 Forest Resource Management Act, 1982 97 Franchises Act, 1982 88 Freedom of Information and Protection of Privacy Act, 1982 98 Fuel Price Display Act, 1982 86 Gas Credit Card Payments Act, 1982 128 Good Samaritan Act, 1982 /^3 Government Advertising Control Act, 1982 100 H Highway Traffic Amendment Act, 1982 17 Human Tissue Gift Amendment Act, 1982 208 I Inco Limited Acquisition Act, 1982 13^ Inflation Restraint Amendment Act, 1982 209 Insurance Amendment Act, 1982 211 Insured Health Services Act, 1982 1^8 Labour Relations Amendment Act, 1982 *^ Labour Relations Amendment Act, 1982 66 Labour Relations Amendment Act, 1982 67 Labour Relations Amendment Act, 1982 72 Labour Relations Amendment Act, 1982 73 Labour Relations Amendment Act, 1982 75 Labour Relations Amendment Act, 1982 79 Labour Relations Amendment Act, 1982 80 Labour Relations Amendment Act, 1982 81 Labour Relations Amendment Act, 1982 218 Landlord and Tenant Amendment Act, 1982 19 Landlord and Tenant Amendment Act, 1982 20 Landlord and Tenant Amendment Act, 1982 34 Legislative Assembly Amendment Act, 1982 48 Legislative Assembly Amendment Act, 1982 95 Legislative Assembly Amendment Act, 1982 106 Liquor Control Amendment Act, 1982 126 Milk Amendment Act, 1982 156 Ministry of Science, Technology and Productivity Act, 1982 166 Mortgage Payments Moratorium Act, 1982 169 Mortgagors' Relief Act, 1982 151 Motor Vehicles Labour Content Disclosure Act, 1982. . . 99 Municipal Elections Amendment Act, 1982 186 N N on-Unionized Workers Protection Act, 1982 ^2 Nuclear Disarmament Referendum Act, 1982 133 Ontario Energy Board Amendment Act, 1982 35 Ontario Environnriental Rights Act, 1982 96 Ontario French Language Services Act, 1982 107 Ontario Hydro Accountability Act, 1982 1^1 Ontario New Home Warranties Plan Amendment Act, 1982 108 Ontario New Home Warranties Plan Amendment Act, 1982 117 Ontario Referendum Act, 1982 37 OntarioSafeDrinking Water Act, 1982 45 Plain Language Act, 1982 129 Planning Amendment Act, 1982 61 Planning Amendment Act, 1982 63 Polling Places Act, 1982 85 Prescribed Burns Safety Act, 1982 103 Private Investigators and Security Guards Amendment Act, 1982 173 Profits from Crime Act, 1982 90 Protection of Residential Tenants Act, 1982 181 Public Advocate Act, 1982 23 Public Servants Political Rights Act, 1982 25 Remembrance Day Act, 1982 185 Representation Amendment Act, 1982 152 Residential Tenancies Amendment Act, 1982 33 Residential Tenancies Amendment Act, 1982 50 Residential Tenancies Amendment Act, 1982 51 Residential Tenancies Amendment Act, 1982 52 Residential Residential Residential Residential Residential Residential Residential Residential Tenancies Tenancies Tenancies Tenancies Tenancies Tenancies Tenancies Tenancies Amendment Act Amendment Act Amendment Act Amendment Act Amendment Act Amendment Act Amendment Act Amendment Act 1982 53 1982 5^ 1982 55 1982 ...... 56 1982 57 1982 58 1982 59 1982 118 Savings Office Act, 1982 . Succession Law Act, 1982 64 87 Terminal Operators SafegUcird Act, 1982 31 Trespass to Property Amendment Act, 1982 39 TribunalsConflict of Interest Act, 1982 65 U Urea Formaldehyde Foam Insulation Removal Act, 1982 32 Video Display Terminal Operators' Safety Act, 1982 Vital Statistics Amendment Act, 1982 18 189 W Windbreaks Protection Act, 1982 Workmen's Compensation Amendment Act, 1982 Workmen's Compensation Amendment Act, 1982 214 121 136 PRIVATE BILLS 373800 Ontario Limited Act, 1982 Prll B Bargnesi Mines Limited Act, 1982 (Lapsed) Pr3^ Barrie Act, 1982, City of Prl2 Beth Sholom Synagogue Act, 1983 Pr51 Brantford Act, 1982, City of Prl6 Burlington Act, 1982, City of Pr^3 C Calabogie Asbestos Mining Company Limited Act, 1982 . Prl9 Ceephil Investments Ltd. Act, 1982 Pr^O Certified General Accountants Association of Ontario Act, 1983 Pr50 Chatham Act, 1982, City of Pr28 Co-Operators Insurance Association Act, 1982 Pr26 E East York Act, 1982, Borough of (Lapsed) Pr36 F Frontier College Act, 1982 (Lapsed) Pr9 G Glanworth Investments Limited Act, 1983 Pr^8 H Hamilton Act, 1982, City of Pr5 Hamilton Act, 1982, City of Pr22 Hamilton Act, 1982, City of Pr29 3 Japanese Canadian Cultural Centre of Toronto Act, 1982 Pri8 3ohn F. McLennan (Bloor) Limited Act, 1982 Prl5 K Kitchener Act, 1983, City of Pr33 L London Act, 1982, City of Prl London Act, 1982, City of Pr21 M McLennan - (See John F.) Missionary Church Canada East Act, 1982 (Lapsed) . . . Pr20 Mississauga Act, 1982, City of Pr7 Mississauga Act, 1982, City of (Lapsed) Pr8 Moonbeam Act, 1982, Township of Pr32 N North York Act, 1982, City of (Lapsed) PrlO O Ontario Bible College and Ontario Theological Seminary Act, 1982 Pr^5 Orillia Act, 1982, City of Pr^6 Ottawa Act, 1982, City of Pr2^ Ottawa Act, 1983, City of Pr27 Peer and Smith Limited Act, 1982 Pr23 Pembroke Act, 1983, City of Pr^2 St. Catharines Act, 1982, City of Pr30 St. Marys Act, 1982, Town of (Lapsed) Pr2 Sarnia Foundation Act, 1982, City of Pr35 Strathroy Act, 1982, Town of Pr38 Thunder Bay Act, 1982, City of Pr31 Tiny Act, 1982, Township of Pr41 Toronto Act, 1982, City of Pr3 Toronto Act, 1982, City of (Lapsed) Prl3 Toronto Baptist Seminary Act, 1982 Pr^^ U Ukrainian Cultural Centre Act, 1982 Pr^7 University of Western Ontario Act, 1982 Prl^ Windsor Act, 1982, City of Pr6 Windsor Act, 1982, City of Pr39 BILL 40 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act respecting Assessment Review Procedures Mr. Epp TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill provides for a new assessment appeal procedure whereby appeals from decisions of the Assessment Review Board (formerly the Assessment Review Court) would no longer be heard by county court judges but by a division of the Ontario Municipal Board. BILL 40 1982 An Act respecting Assessment Review Procedures H follows: ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as 1. A reference to the Assessment Review Court in any general or Amendments special Act shall be deemed to be a reference to the Assessment references Review Board. 2. The title to the Assessment Review Court Act, being chapter 32 of R so. i980, the Revised Statutes of Ontario, 1980, is repealed and the follow- title,' ing substituted therefor: re-enacted Assessment Review Board Act 3. The Ontario Municipal Board Act, being chapter 347 of the R so. i980, c 347 s 5fl Revised Statutes of Ontario, 1980, is amended by adding thereto enacted ' the following section: 5a. — (1) There shall be a division of the Ontario Municipal Division of Board known as the Assessment Appeal Board. (2) The Assessment Appeal Board shall hear and decide all Function of appeals under section 42 of the Assessment Act. Appeal Board R.S.O. 1980, c. 31 4. — (1) Clauses 1 (a) and (b) of the Assessment Act, being chapter 31 R.s.o. i98o, of the Revised Statutes of Ontario, 1980, are repealed and the I' i\'a ^j following substituted therefor: re-enacted (a) "Assessment Appeal Board" means the division of the Ontario Municipal Board known as the Assessment Appeal Board; (aa) "assessment commissioner" means an assessment com- missioner for a region as established by the regulations made under this Act; (b) "Assessment Review Board" means the Assessment Review Board under the Assessment Review Board R so. i980. Act. s, 39 (13), re-enacted; s. 39 (14), repealed Notice of decision (2) Subsections 39 (13) and (14) of the said Act are repealed and the following substituted therefor: (13) When the Assessment Review Board has heard and decided a complaint, the regional registrar shall forthwith after the receipt of the record of the decision from the clerk of the board cause notice thereof to be given, (a) where the complaint was as to the amount of the assessment, by registered mail; and ib) in the case of all other complaints, by ordinary mail, to the persons to whom notice of the hearing of such complaint was given, and such notice shall state thereon that such decision may be appealed to the Assessment Appeal Board within twenty- one days of the mailing of the notice and shall also contain a list of the persons to whom notice was given under subsection (4). s. 41, amended (3) Section 41 of the said Act is amended by inserting after "court" in the fourth line "and before any tribunal". s. 42, re-enacted; s. 43, repealed Appeal to Assessment Appeal Board (4) Sections 42 and 43 of the said Act are repealed and the fol- lowing substituted therefor: 42. — (1) An appeal to the Assessment Appeal Board lies at the instance of the municipal corporation or a school board, or at the instance of the assessment commissioner, or at the instance of any person assessed or of any municipal elector of the municipal- ity, against a decision of the Assessment Review Board on an appeal to that board, but also against any omission, neglect or refusal of that board to hear or decide an appeal. Notice of appeal (2) A notice of appeal to the Assessment Appeal Board shall be sent by the party appealing, by registered mail to the Secretary of the Ontario Municipal Board and by ordinary mail to the persons to whom notice was given under subsection 39 (13), within twenty-one days after the notice of decision appealed from has been given under subsection 39 (13). Time and place for hearing (3) Upon receiving a notice of appeal under subsection 42 (2), the Secretary of the Ontario Municipal Board shall arrange a time and place for hearing the appeal and shall send notice there- of by registered mail to all parties concerned in the appeal at least fourteen days before the date of the hearing. s. 44, re-enacted; s. 45, repealed New trial (5) Sections 44 and 45 of the said Act are repealed and the fol- lowing substituted therefor: 44. An appeal under section 42 shall be by way of a new trial. (6) Section 46 of the said Act, as amended by the Statutes of « '*6, Ontario, 1981, chapter 47, section 8, is repealed and the fol- lowing substituted therefor: 46. The decision of the Assessment Appeal Board shall be Alteration forwarded by the Secretary of the Ontario Municipal Board to °[ ™" ^^ the clerk of the municipality who shall, except where an appeal from the decision is commenced, forthwith alter the assessment roll in accordance with the decision of the board, and shall write his name or initials against every alteration. (7) Section 47 of the said Act, as amended by the Statutes of ^ 47, Ontario, 1981, chapter 47, section 9, is repealed and the fol- "^'^'^^'^ ^ lowing substituted therefor: 47. — (1) An appeal lies from the decision of the Assessment ^PP^?' ^° Appeal Board under section 42 to the Divisional Court upon all Court questions of law or the construction of a statute, a municipal by-law, any agreement in writing to which the municipality con- cerned is a party, or any order of the Ontario Municipal Board. (2) The practice and procedure on the appeal to the Divisional Procedure Court shall be the same with necessary modifications, subject to °" ^pp'^^^ any rule of the court or regulation of the Ontario Municipal Board, as upon an appeal from a county court to the Court of Appeal. (3) If, by the judgment of the Divisional Court, it appears that Alteration any alteration should be made in the assessment roll respecting resuu oT the assessment in question, the clerk of the municipality con- ^.pp^'*' ^°, . r- J Divisional cerned shall alter the assessment roll to give effect to the decision Court or judgment and shall write his name or initials against every alteration. (8) Subsection 48 (1) of the said Act is repealed and the following s 48 (i), substituted therefor: (1) Upon an appeal on any ground against an assessment, the Assessment Assessment Review Board, Assessment Appeal Board or court, ITpen upon as the case may be, may reopen the whole question of the assess- ^pp^^^^ ment so that omissions from or errors in the assessment roll may be corrected, and the amount for which the assessment should be made and the person or persons who should be assessed therefor may be placed upon the roll, and if necessary the roll of the municipality, even if returned as finally revised, may be opened so as to make it correct in accordance with the findings made on appeal. (9) Subsections 49 (1) and (2) of the said Act are repealed and the s. 49 (i, 2), following substituted therefor: Powers and functions of Assessment Review Board and Asessment Appeal Board (1) Upon a complaint or appeal with respect to an assessment, the Assessment Review Board or Assessment Appeal Board may review the assessment and, for the purpose of such review, has all the powers and functions of the assessor in making an assess- ment, determination or decision under this Act, and any such assessment, determination or decision made on review by the Assessment Review Board or Assessment Appeal Board shall, except as provided in subsection (2), be deemed to be an assess- ment, determination or decision of the assessor and has the same force and effect. Decisions re quantum, etc., final (2) A decision of the Assessment Review Board or Assessment Appeal Board with regard to persons alleged to be wrongfully placed upon or omitted from the assessment roll or assessed at too high or too low a sum is final and binding unless appealed in accordance with the provisions of this Act. s. 49 (3), amended (10) Subsection 49 (3) of the said Act is amended by striking out "39, 42 and 47" in the second line and inserting in lieu thereof "39 and 42". s. 50 (6), re-enacted (11) Subsection SO (6) of the said Act is repealed and the following substituted therefor: Judgment of court binding on Assessment Review Board, etc. (6) Notwithstanding that a question of the assessment of any person is pending before the Assessment Review Board or the Assessment Appeal Board, the judgment of the Supreme Court, the county court or the Divisional Court shall be given effect to and is binding upon the Assessment Review Board and the Assessment Appeal Board. s. 51 {b, c), re-enacted; s. 51 id), repealed (12) Clauses 51 (b), (c) and (d) of the said Act are repealed and the following substituted therefor: ib) where a complaint with respect to the assessment is made to the Assessment Review Board, except within the time limited for appealing from the decision of the Assessment Review Board to the Assessment Appeal Board; and (c) where an appeal is made from the decision of the Assessment Review Board to the Assessment Appeal Board, except within fifteen days after the date of the decision of the Assessment Appeal Board. s. 6S (1), re-enacted (13) Subsection 65 (1) of the said Act is repealed and the following substituted therefor: Powers of appeal (1) The Assessment Review Board, Assessment Appeal Board or any court, in determining the value at which any real property shall be assessed in any complaint, appeal, proceeding or action, shall have reference to the value at which similar real property in the vicinity is assessed, and the amount of any assessment of real property shall not be altered unless the Assessment Review Board, Assessment Appeal Board or court is satisfied that the assessment is inequitable with respect to the assessment of simi- lar real property in the vicinity, and in that event the assessment of the real property shall not be altered to any greater extent than is necessary to make the assessment equitable with the assess- ment of such similar real property. 5. This Act comes into force on a day to be named by proclamation of Commence- the Lieutenant Governor. 6. The short title of this Act is the Assessment Appeal Procedure Short title Amendment Act, 1982. Co do 0^5 5» o 1-^ Co Pi- ar- "^ >3 Oo >3 OS O c^ gj r-l- & ?x tr S- 04. o 00 3 > ft> 3 3 (-^ > Jfl o n> <_ 1-t a> S' m ^ o TJ r-t- 3 B' o (K a> a C BILL 41 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to establish the Ministry of Tourism and Recreation The Hon. R. Baetz Minister of Tourism and Recreation TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill establishes the Ministry of Tourism and Recreation, whose objec- tives are set out in section 4 of the Bill. BILL 41 1982 An Act to establish the Ministry of Tourism and Recreation HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In this Act, Interpre- ' tation (a) "Deputy Minister" means the Deputy Minister of Tourism and Recreation; (b) "Minister" means the Minister of Tourism and Recrea- tion; (c) "Ministry" means the Ministry of Tourism and Recrea- tion. 2. There shall be a ministry of the public service to be known Ministry -^ '^ . established as the Mmistry of Tourism and Recreation. 3. The Minister shall preside over and have charge of the Minister Ministry and has power to act for and on behalf of the Ministry, charge 4. The Ministry shall, ^^f^'lf""." -^ ' of Ministry (a) promote tourism and recreation in Ontario to residents of Ontario and other jurisdictions; (b) cause the Ministry to stimulate employment and income opportunities through the effective develop- ment of tourism and recreation; (c) encourage and support the use of parks, tourist facilities and attractions in Ontario; id) ensure that adequate opportunities are available to all residents of Ontario to pursue recreational, sports and fitness activities appropriate to their needs and interests; (e) provide recreational, sports and fitness resources to municipalities and to provincial recreational and sports organizations; and (/) encourage and promote improvement in the standards of accommodation, facilities and services offered to the travelling and vacationing public. Adminis- tration of Acts 5. The Minister is responsible for the administration of this Act, the Acts set out in the Schedule and the Acts that are assigned to the Minister by the Legislature or by the Lieutenant Governor in Council. Deputy Minister 6. — (1) The Lieutenant Governor in Council shall appoint a Deputy Minister of Tourism and Recreation who shall be the deputy head of the Ministry. Idem (2) Under the direction of the Minister, the Deputy Minister shall perform such duties as the Minister may assign or delegate to him. Employment of persons outside Ontario 7. — (1) For the purpose of exercising any of his powers or carrying out any of his duties and functions, the Minister may employ a person who resides outside of Ontario in the service of the Crown in the country, territory or province in which the person resides. Not Crown employees (2) A person employed under subsection (1) is not a Crown employee for the purpose of any Act of the Legislature or any regulation made thereunder. Delegation of powers and duties 8. — (1) Where, under this or any other Act, a power or duty is granted to or vested in the Minister, the Minister may in writing delegate that power or duty to the Deputy Minister or to any officer or employee of the Ministry, subject to such limitations, restrictions, conditions and requirements as may be set out in the delegation. Contracts and agreements R.S.O. 1980, c. 147 (2) Notwithstanding the Executive Council Act, a contract or an agreement made by a person empowered to do so under a delegation made under subsection (1) has the same effect as if made and signed by the Minister. Protection from personal liability 9. — (1) No action or other proceeding for damages shall be instituted against the Deputy Minister or any officer or employee of the Ministry or anyone acting under the Deputy Minister's authority for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty. (2) Subsection (1) does not, by reason of subsections 5 (2) and Crown (4) of the Proceedings Against the Crown Act, relieve the Crown ^ § o i98o of liability in respect of a tort committed by a person mentioned c 393 in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort as if subsection (1) had not been enacted. 10. — (1) The Minister may, on request, inspect 'any docu- ^"spection ment or record relating to financial assistance given by the records Ministry and may require the recipient of financial assistance to prepare and submit a financial statement setting out the details of the disposition of the assistance. (3) No person shall obstruct the Minister or a person acting ^^^^"ce under the Minister's authority in an inspection under this section. (3) Every person who knowingly contravenes subsection (2) Penalty and every director or officer of a corporation who knowingly concurs in such contravention is guilty of an offence and on conviction is liable to a fine of not more than $2,000. (4) Notwithstanding subsection (3), where a corporation is idem convicted of an offence under subsection (3) the maximum pen- alty that may be imposed upon the corporation is $25,000. 11. — (1) The Lieutenant Governor in Council may authorize Seai a seal for the Ministry. (2) The seal may be reproduced by engraving, lithographing, Wem printing or any other method of mechanical reproduction and, when so reproduced, has the same effect as if manually affixed. 12. A reference to the Minister of Culture and Recreation, References the Minister of Industry and Tourism, or the Minister of Natural and Resources, as the case may be, in any Act listed in the Schedule, Ministries or in any regulation, order in council, ministerial order, act or thing made or done under any such Act, shall be deemed to be a reference to the Minister of Tourism and Recreation, so long as the Minister administers such Act, and a reference therein to the Ministry of Culture and Recreation, the Ministry of Industry and Tourism or the Ministry of Natural Resources shall be deemed to be a reference to the Ministry of Tourism and Recreation. 13. The Lieutenant Governor in Council may make regula- Regulations tions, (a) providing for and authorizing the conduct of recrea- tional programs in municipalities and territories with- out municipal organization, by municipal corporations, local services boards, non-profit corporations, school R.s.c. 1970, boards, bands as defined in the Indian Act (Canada) and other persons; {b) providing for programs" of financial assistance for the objectives of this Act; (c) prescribing conditions, one of which may be the approval of the Minister, governing grants of financial assistance; id) authorizing the payment, with the approval of the Minister, and fixing the amounts of financial assistance by way of special grants for recreational programs; {e) providing for the recovery of financial assistance given by the Ministry and prescribing the circumstances and manner in which any such recovery may be made; (/) governing the granting, issue and form of certificates recognizing levels of experience in recreation. 14. The public accounts for the fiscal year 1981-82 may show the moneys that were appropriated for the ministries of Culture and Recreation, Industry and Tourism and Natural Resources as expended by those ministries, notwithstanding the reassignment of powers and duties to the Minister of Tourism and Recreation R.s.o. 1980, under the Executive Council Act before the expiration of that fiscal year. Public accounts for 1981-82 Commence- ment Short title 15. This Act shall be deemed to have come into force on the 1st day of April, 1982. 16. The short title of this Act is the Ministry of Tourism and Recreation Act, 1982. SCHEDULE Community Recreation Centres Act Historical Parks Act Niagara Parks Act Ontario Lottery Corporation Act Ontario Place Corporation Act St. Clair Parkway Commission Act St. Lawrence Parks Commission Act Tourism Act Pi 2 bo l-< H o ffi 1-h w H o K c o l-t_ 2; En' 3 ?* fa 3 W CL > n n M H N -t n ta r-h o' 3 X3 Ci- ^ ^-h >3 ^ . >3 Cfe m ^ r*- G I—* 059 00 0^ 3 0 i-t% > H 0 0 c: ft- 0 on* fC 3 pa ta a; 3 D- ca' 3" 50 r-h fD 3- 0 fD l-( ft> s» l-^ 0 3 BILL 41 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to establish the Ministry of Tourism and Recreation The Hon. R. Baetz Minister of Tourism and Recreation (Reprinted as amended by the Committee of the Whole House) TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill establishes the Ministry of Tourism and Recreation, whose objec- tives are set out in section 4 of the Bill. BILL 41 1982 An Act to establish the Ministry of Tourism and Recreation HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In this Act, imerpre- ' tation (a) "Deputy Minister" means the Deputy Minister of Tourism and Recreation; (b) "Minister" means the Minister of Tourism and Recrea- tion; (c) "Ministry" means the Ministry of Tourism and Recrea- tion. 2. There shall be a ministry of the public service to be known ^.'"[^.l'^^ . -^ ^ established as the Ministry of Tourism and Recreation. 3. The Minister shall preside over and have charge of the Minister Ministry and has power to act for and on behalf of the Ministry, charge 4. The Ministry shall, °.''I^''-T -^ ' of Ministry (a) promote tourism and recreation in Ontario to residents of Ontario and other jurisdictions; (b) cause the Ministry to stimulate employment and income opportunities through the effective develop- ment of tourism and recreation; (c) encourage and support the use of parks, tourist facilities and attractions in Ontario; id) ensure that adequate opportunities are available to all residents of Ontario to pursue recreational, sports and fitness activities appropriate to their needs and interests; (e) provide recreational, sports and fitness resources to municipalities and to provincial recreational and sports organizations; and (/) encourage and promote improvement in the standards of accommodation, facilities and services offered to the travelling and vacationing public. Adminis- tration of Acts 5. The Minister is responsible for the administration of this Act, the Acts set out in the Schedule and the Acts that are assigned to the Minister by the Legislature or by the Lieutenant Governor in Council. Deputy Minister 6. — (1) The Lieutenant Governor in Council shall appoint a Deputy Minister of Tourism and Recreation who shall be the deputy head of the Ministry. Idem (2) Under the direction of the Minister, the Deputy Minister shall perform such duties as the Minister may assign or delegate to him. Employment of persons outside Ontario 7. — (1) For the purpose of exercising any of his powers or carrying out any of his duties and functions, the Minister may employ a person who resides outside of Ontario in the service of the Crown in the country, territory or province in which the person resides. Not Crown employees (2) A person employed under subsection (1) is not a Crown employee for the purpose of any Act of the Legislature or any regulation made thereunder. Delegation of powers and duties 8. — (1) Where, under this or any other Act, a power or duty is granted to or vested in the Minister, the Minister may in writing delegate that power or duty to the Deputy Minister or to any officer or employee of the Ministry, subject to such limitations, restrictions, conditions and requirements as may be set out in the delegation. Contracts and agreements R.S.O. 1980, c. 147 (2) Notwithstanding the Executive Council Act, a contract or an agreement made by a person empowered to do so under a delegation made under subsection (1) has the same effect as if made and signed by the Minister. Protection from personal liability 9. — (1) No action or other proceeding for damages shall be instituted against the Deputy Minister or any officer or employee of the Ministry or anyone acting under the Deputy Minister's authority for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty. (2) Subsection (1) does not, by reason of subsections 5 (2) and [r''°^." (4) of the Proceedings Against the Crown Act, relieve the Crown r § o i98o of liability in respect of a tort committed by a person mentioned c. 393 in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort as if subsection (1) had not been enacted. 10. — (1) The Minister may, on request, inspect "any docu- ^"^P^'^tion , , . J r- -1 • . • 1 1 of financial ment or record relatmg to tmancial assistance given by the records Ministry and may require the recipient of financial assistance to prepare and submit a financial statement setting out the details of the disposition of the assistance. (3) No person shall obstruct the Minister or a person acting Offence under the Minister's authority in an inspection under this section. (3) Every person who knowingly contravenes subsection (2) Penalty and every director or officer of a corporation who knowingly concurs in such contravention is guilty of an offence and on conviction is liable to a fine of not more than $2,000. (4) Notwithstanding subsection (3), where a corporation is idem convicted of an offence under subsection (3) the maximum pen- alty that may be imposed upon the corporation is $25,000. 1 1 . — (1) The Lieutenant Governor in Council may authorize Seal a seal for the Ministry. (2) The seal may be reproduced by engraving, lithographing, idem printing or any other method of mechanical reproduction and, when so reproduced, has the same effect as if manually affixed. 12. A reference to the Minister of Culture and Recreation, References . o-ri im • i-n/r-- r-vT to Ministers the Minister of Industry and Tourism, or the Minister of Natural and Resources, as the case may be, in any Act listed in the Schedule, ^^'n'stnes or in any regulation, order in council, ministerial order, act or thing made or done under any such Act, shall be deemed to be a reference to the Minister of Tourism and Recreation, so long as the Minister administers such Act, and a reference therein to the Ministry of Culture and Recreation, the Ministry of Industry and Tourism or the Ministry of Natural Resources shall be deemed to be a reference to the Ministry of Tourism and Recreation. 13. The Lieutenant Governor in Council may make regula- ^Regulations tions, {a) providing for and authorizing the conduct of recrea- tional programs in municipalities and territories with- out municipal organization, by municipal corporations, local services boards, non-profit corporations, school R.S.C. 1970, c. 1-6 Public accounts for 1981-82 R.S.O. 1980, c. 147 boards, bands as defined in the Indian Act (Canada) and other persons; (b) providing for programs' of financial assistance for the objectives of this Act; (c) prescribing conditions, one of which may be the approval of the Minister, governing grants of financial assistance; id) authorizing the payment, with the approval of the Minister, and fixing the amounts of financial assistance by way of special grants for recreational programs; (e) providing for the recovery of financial assistance given by the Ministry and prescribing the circumstances and manner in which any such recovery may be made; (/) governing the granting, issue and form of certificates recognizing levels of experience in recreation. 14. The public accounts for the fiscal year 1981-82 may show the moneys that were appropriated for the ministries of Culture and Recreation, Industry and Tourism and Natural Resources as expended by those ministries, notwithstanding the reassignment of powers and duties to the Minister of Tourism and Recreation under the Executive Council Act before the expiration of that fiscal year. Annual report 1 r>. The Minister shall in each year submit to the Lieutenant Governor in Council a report of the proceedings of the Ministry during the next preceding fiscal year, and such report shall be laid before the Assembly forthwith, but if the Legislature is not at the time in session, then within thirty days after the tnm- mencement of the next session. "^■fi Commence- ment Short title 16. This Act shall be deemed to have come into force on the 1st day of April, 1982. 1 7. The short title of this Act is the Ministry of Tourism and Recreation Act, 1982. SCHEDULE Community Recreation Centres Act Historical Parks Act Niagara Parks Act Ontario Lottery Corporation Act Ontario Place Corporation Act St. Clair Parkway Commission Act St. Lawrence Parks Commission Act Tourism Act ^ ^ o os ^ R- tt: '^ o CTi c^ 0 0 1-1 H 0 X i-h w 0 ffl c 0 !-<_ ;?; K' 3 ^ &3 3 dd 0- > 50 0 w H N i-< a> &5 /-s' w 3 > > ■a 05 >3 0 >3 CAl >3 p" 9^* -'^ s H-i s 0 s 0^ 0 oq 00 0^ 3 0 •-*) > H n 0 2. 0 m' m B Ui o; 3 a. on' 3" ^ rt- n cr 0 fn >-( •-« H o W Ml w H o ffi c o l-t^ ;^ on' 3 pd w 3 w CL > o w H N <~t a> S^ <-♦ o' 3 g u tV) > ^*^ ta ^ l-< s •o C3 o 3" >3 t/1 ,__j S- H- ' o s 1—' s' vO s 00 (>=! o CQ 00 0<5 ^ iJ* 3 o 1-h > H o o O in' n> 3 !U o; 3 O- 00* 3- 5« ft) ^ n n> >-« re ta r* o' 3 BILL 42 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act respecting the Rights of Non- Unionized Workers Mr. Haggerty TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to provide a low cost mechanism whereby a non-unionized worker may obtain a review by the Ontario Labour Relations Board where the worker is discharged or otherwise disciplined for cause and the contract of employment is silent on matters of discipline. At the present time, a non-unionized worker who is dismissed or otherwise disciplined for cause may have no right of action against his employer notwithstanding the fact that the discipline is, having regard to all of the circumstances, unduly harsh. The Bill provides a two stage process for reviewing complaints involving harsh discipline. Initially, a labour relations officer would be appointed to effect a settlement which would be reduced to writing and which would have to be complied with according to its terms. Then, if no settlement is reached, or where settlement is not likely, the Ontario Labour Relations Board would inquire into the matter. The Board, if satisfied that the complaint is justified, will have the power to make an order substituting such penalty as is just and reasonable in the circumstances. BILL 42 1982 An Act respecting the Rights of Non- Unionized Workers HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, interp'" (a) "Board" means the Ontario Labour Relations Board ; {b) "complaint" means a complaint filed with the Board under subsection 2 (1). 2. — (1) Where an employee who has been discharged or Complaint otherwise disciplined for cause by his employer is of the opinion ol.r.b. that the penalty is unduly harsh and where the employee's con- tract of employment is not governed by a collective agreement under the Labour Relations Act and does not contain a specific R so. i98o, C 228 penalty for the infraction for which the discharge or other disci- pline was imposed, the employee may file a complaint with the Board. (2) Any regulations governing the practice and procedure Procedure of the Board apply, with necessary modifications, to a review under subsection 3 (2) and to a complaint. (3) The Board may authorize a labour relations officer by*iabour to inquire into a complaint. offlcer°°^ (4) The labour relations officer shall forthwith inquire Duties into the complaint and endeavour to effect a settlement of the matter. (5) The labour relations officer shall report the results of Report his inquiry and endeavours to the Board. (6) Where a labour relations officer is unable to effect a Remedy settlement of the complaint or where the Board in its dis- cretion considers it advisable to dispense with an inquiry by a labour relations officer, the Board may inquire into the complaint and where the Board is satisfied that the discharge or other discipline imposed was unduly harsh, the Board may, by order, substitute such other penalty for the discharge or other discipline as to the Board seems just and reasonable in all the circumstances. Idem (7) Without limiting the generality of subsection (6), Effect of settlement Review of settlement (a) where an employee has been discharged, the Board, in an order made under subsection (6) may order that the employee be reinstated in employment, with or without compensation or that the employee be compensated in lieu of reinstatement for loss of earnings or other employment benefits in an amount that may be assessed by the Board against the employer ; (b) where an employee has been suspended, the Board, in an order made under subsection (6), may order that the employee be compensated for loss of earn- ings or other employment benefits in an amount that may be assessed by the Board against the employer. 3. — (1) Where a complaint has been settled whether through the endeavours of the labour relations officer or otherwise, and the terms of the settlement have been put in writing and signed by the employer or his representative and the employee, the settlement is binding upon the employer and the employee and shall be comphed with according to its terms. (2) Where either the employer or the employee alleges that the other party has breached any term of a settlement referred to in subsection (1), the employer or the employee, as the case may be, may apply to the Board for a review of the matter and the Board, after an inquiry, may order that, {a) the employee or employer comply with the terms of the settlement; or Enforce- ment of orders {b) vary the terms of the settlement and order com- phance with the terms of the settlement as varied. 4. Where either the employer or the employee has failed to comply with any of the terms of an order made under subsection 2 (6) or subsection 3 (2) the other party may, after the expiration of fourteen days from the date of the order or the date provided in the order for compliance, whichever is later, notify the Board in writing of such failure, and thereupon the Board shall file in the office of the Registrar of the Supreme Court a copy of the order, exclusive of the reasons therefor, if any, in the prescribed form, whereupon the order shall be entered in the same way as a judgment or order of that court and is enforceable as such. 5. The rights conferred by this Act are in addition to no^^ ^^.^^ any other rights that an employee may have at law but, of rights where a complaint is filed, any action brought by the em- ployee in a court of law related to the discharge or discipline of the employee may be stayed pending the disposition of the matter by the Board. 6. This Act comes into force on the day it receives Royal ^°^f^^°°^" Assent. 7. The short title of this Act is the N on-Unionized Workers short title Protection Act, 1982. s ^ » ^ ffi > ^ o o- o co W >«_ fO C/)" H hw Kj S > 1-^ 1-1 to R- ■^ >3 ux >3 c^ r^ «i ;; D- a R- "* a. (X5 00 s 0^ >o crq cr (-^ CA o > I-+1 3 :^> o o 3 ^-^ 1 1-1 d t/5 3 •a o' 3 n N 5' rD QFQ CL r^ BILL 43 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to relieve Persons from Liability in respect of voluntary Emergency Medical and First Aid Services Mr. Haggerty TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of this Bill is to relieve persons from liability in respect of voluntary emergency first aid assistance or medical services rendered at or near the scene of an accident or other sudden emergency. BILL 43 1982 An Act to relieve Persons from Liability in respect of voluntary Emergency Medical and First Aid Services HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, J«Hnr®' ' tation (a) "physician" means a medical practitioner licensed under Part III of the Health Disciplines Act; R so. i98o, ^ c. 196 {b) "registered nurse" means a person who is the holder of a certificate as a registered nurse issued under Part IV of the Health Disciplines Act. 2. Where, in respect of a person who is ill, injured or^®i^f unconscious as the result of an accident or other emergency, liability damages {a) a physician or registered nurse voluntarily and without expectation of compensation or reward renders emergency medical services or first aid assistance and the services or assistance are not rendered at a hospital or other place having adequate medical facilities and equipment; or {b) a person other than a person mentioned in clause (a) voluntarily renders emergency first aid assistance and the assistance is rendered at the immediate scene of the accident or emergency, the physician, registered nurse or other person shall not be liable for damages for injuries to or the death of such person alleged to have been caused by an act or omission on his or her part in rendering the medical services or first aid assistance, unless it is estabhshed that the injuries or death were caused by the gross negligence of the physician, registered nurse or other person. Act does not apply to normal medical services 3. Nothing in section 2 shall be construed to reheve a physician from habihty for damages for injuries to or the death of any person caused by an act or omission on the part of the physician in respect of medical services rendered by him in the normal and ordinary course of his practice and not under the circumstances set forth in section 2. Commence- ment 4. This Act comes into force on the day it receives Royal Assent. Short title 5. The short title of this Act is the Good Samaritan Act, 1982. ^ '^ c^. s «. C^ W ^ ffi cT > § O o- o «> w X w to H (» < P 1-11 3 < ^L ;5 > 'a t-) leve olun dFii Cl fi. Pers tary rst A >3 >3 C/l » Q iir C) ^ W 3 ei- ©, "" a. s *>». S oq 1— ' 00 Otq s from Liability mergency Med: Services n o o gL b BILL 44 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Labour Relations Act Mr. Haggerty TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to provide a mechanism whereby the Lieutenant Governor in Council can order a sixty-day suspension of a strike or lock-out and order a return to work where the strike or lock-out constitutes an immediate and serious danger to life, health or safety or seriously disrupts the economy of the province or any area of the province. The Bill provides that the Minister of Labour must appoint a con- ciliation officer where an order suspending a strike or lock-out has been made and may subsequently appoint a conciliation board where the efforts of the conciliation officer to effect a collective agreement are unsuccessful. If conciliation efforts are unsuccessful, the strike or lock-out may be resumed without a further strike vote. An Order made under the Bill would be enforceable as an order of the Supreme Court. BILL 44 1982 An Act to amend the Labour Relations Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 17 of the Labour Relations Act, being chapter 228 of the « '^', , x^.,r^ /-/-x • • iiiii- amended Revised Statutes of Ontario, 1980, is amended by adding thereto the following subsection: (3) This section does not apply where an order has been made Application under subsection 55a (1). 2. The said Act is amended by adding thereto the following ^J^^'^ section : SUSPENSION OF STRIKES OR LOCK-OUTS S5a. — (1) Where during a strike or lock-out the Lieutenant Governor"^ Governor in Council is of the opinion that the strike or in Council lock-out, -y^.^"" strike or {a) constitutes an immediate and serious danger to life, a°ndo°rder health or safety; or a return ^ tn \XTr\rV to work (b) seriously disrupts the economy of the Province or any area of the Province, the Lieutenant Governor in Council may order, (c) a suspension of the strike or lock-out and a return to work for a period not exceeding sixty days in length, commencing on the day next following the date of the order; or id) a suspension of the strike or lock-out in respect of designated facilities and services that the Lieutenant Governor in Council determines are necessary or Apjxiintment of conciliation officer and conciliation board essential to prevent immediate and serious danger to life, health or safety and a return to work with respect to such facilities and services for a period not exceeding sixty days in length, commencing on the day next fol- lowing the date of the order. (2) Where an order is made under clause (1) (c) or (d), the Minister shall appoint a conciliation officer and may sub- sequently appoint a conciliation board and sections 18 to 32 apply with necessary modifications to such appointments. Resumption of strike or lock-out (3) The parties may resume the strike or lock-out when, (a) the Minister gives a notice to the parties under clause 19 (b); (b) a conciliation board report is released under subsection 32 (5); or (c) the order made under subsection (1) expires, whichever occurs first. Enforcement of orders Limitation on orders (4) The Minister may file in the office of the Registrar of the Supreme Court a copy of an order made under subsec- tion (1), in the prescribed form, whereupon the order shall be entered in the same way as a judgment or order of that court and is enforceable by the Minister or by a trade union or employer affected as a judgment or order of that court. (5) The Lieutenant Governor in Council shall not make an order under subsection (1) more than once in respect of the same dispute. Commence- ment Short title 3. This Act comes into force on the day it receives Royal Assent. 4. The short title of this Act is the Labour Relations Amendment Act, 1982. ^ s c2' ^ r* w c^ • ^ ffi Ci > o o- o «> w X w t-5 H bo ►< a. 0^5 R. "^ >3 en >3 c^ r-^ «i K tr Si g. " vO 00 r > &5 3 cr o > c o i-< r-f- 2? r-t- O ►L &3 3 o' n 3 3 Ui CL > n r-f- tr BILL 45 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to protect and enhance the Quality of Drinking Water in Ontario Mr. Charlton TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill is intended to protect and enhance drinking water quality in Ontario. It provides opportunities for public involvement in the making of regulations to set maximum permissible levels for contaminants and other substances in drinking water. These regulations would apply to both public and private water systems. The operator of a public water system is required to monitor water quality regularly and notify the users of the system as well as the Minister of the Envi- ronment of the results. Any user of a private water system may have the water tested by the Ministry of the Environment. It is an offence for the operator of a public water system to provide water which contravenes the regulations or to fail to comply with monitoring and notice requirements. It is an offence for anyone to pollute a public or private water system. The Bill permits water users to sue to recover damages for contraventions of the Act and gives any person standing to seek judicial review against the Minister of the Environment. The Minister is authorized to commission research into matters related to drinking water quality and an advisory council is created to assist the Minister. BILL 45 1982 An Act to protect and enhance the Quality of Drinking Water in Ontario HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, interpre- tation (a) "Board" means the Water Review Board; (b) "contaminant" means any biological, chemical or physical agent or combination thereof prescribed as a contaminant; (c) "Gazette" means The Ontario Gazette; (d) "Minister" means the Minister of the Environment; (e) "prescribed" means prescribed by the regulations; (/) "private water system" means any water system that has fewer than fifteen service connections or regularly serves fewer than twenty-five individuals; (g) "public water supplier" means a person who operates a public water system; (h) "public water system" means any water system that has fifteen or more service connections or regularly serves twenty-five or more individuals; (i) "substance" means anything that affects the odour, appearance or taste of drinking water and is prescribed as a substance; (J) "user", when used in connection with a water system or public water supplier, means a person who obtains water from the system or supplier; (k) "water system" means any works for the collection, supply and distribution of water that may be used as drinking water. Purpose 2. The purpose of this Act is the protection and enhancement of drinking water quality throughout Ontario. DUTIES OF SUPPLIERS Duties of 3. Every public water supplier shall, supplier (a) conduct complete water tests in accordance with the regulations, monthly or more frequently as may be pre- scribed by regulation, to establish contaminant and substance levels and compliance with prescribed stan- dards; (b) promptly publish the results of all tests conducted under clause (a) in a newspaper that is published in the community where the supplier's regular users reside; (c) supply the results of all tests conducted under clause (a) to every user together with the regular water bill; id) promptly report the results of all tests conducted under clause (a) to the Minister; (e) keep full records of all tests conducted under clause (a) and make them available to any person upon request; (/) where a test reveals that maximum permitted conta- minant levels or maximum permitted substance levels are exceeded or prescribed standards are not adhered to, (i) take immediate steps to cause the water to com- ply with this Act and the regulations, and (ii) make an alternate supply of safe drinking water available to all users until the main supply com- plies with this Act and the regulations. PUBLIC INVOLVEMENT IN REGULATION-MAKING Draft 4.— (1) The Minister shall within 180 days after the day this concerning Act comes into force publish in the Gazette a notice setting forth contaminants proposed regulations under clause 14 (2) (6) and calling for briefs and submissions in connection therewith. Objection (2) Any person may within ninety days after the publication of a notice under subsection (1) or (6) require the Board to hold a hearing into any of the proposed regulations by delivering a notice of objection to the Board. (3) The Board shall hold any hearing required under subsec- Hearing tion (2), expeditiously and may consolidate any such hearings where common issues are raised. (4) Upon completion of all hearings under subsection (2), the Report Board shall report its findings and conclusions to the Minister and shall provide a copy of the report to every person who deli- vered a notice of objection under subsection (2). (5) Regulations under clause 14 (2) (b) shall come into force on Effective or before a day fifteen months after the coming into force of this Act. (6) Before further regulations are made or existing regulations Further are revoked or amended under clause 14 (2) (b), the Minister "^^^^ ^ '°"^ shall publish in the Gazette a notice setting forth the proposed regulations and calling for briefs and submissions in connection therewith. 5. — (1) The Minister shall within 240 days after the day this Draft Act comes into force publish in the Gazette a notice setting forth conce^rnlng proposed regulations under clause 14 (2) (c) and calling for briefs substances and submissions in connection therewith. (2) Regulations under clause 14 (2) (c) shall come into force on Effective or before a day fifteen months after the coming into force of this Act. (3) Before further regulations are made or existing regulations Further are revoked or amended under clause 14 (2) (c), the Minister '^'^^^ ^ '""* shall publish in the Gazette a notice setting forth the proposed regulations and calling for briefs and submissions in connection therewith. OFFENCES 6. — (1) No public water supplier shall cause or permit to be Supplying unsafe supplied to users, water (a) water containing any contaminant that exceeds the applicable maximum permitted level; or (b) water containing any substance that contravenes a pre- scribed standard or exceeds the applicable maximum permitted level. (2) No person shall deposit in, add to, emit or discharge into a Polluting public water system or a private water system any contaminant system or substance so as to cause the water to exceed the maximum permitted level for the contaminant or substance or to con- travene a prescribed standard. Penalties 7. Any pcrson who contravenes this Act or the regulations is guilty of an offence and on conviction is liable to, (a) in the case of a contravention of section 6 that relates to a contaminant, a fine not exceeding $50,000; and (b) in the case of any other contravention, a fine not exceeding $25,000. PRIVATE REMEDIES Action for damages 8. — (1) Any person may, by action, recover damages caused by a contravention of this Act or the regulations from the person who committed the contravention. Judicial review (2) Any person may apply for judicial review of the Minister's exercise or non-exercise of any power or fulfilment or non-fulfil- ment of any duty conferred or imposed on the Minister by this Act, whether or not the person applying is specially affected or has suffered special damages. WATER REVIEW BOARD AND WATER ADVISORY COUNCIL Water Review Board established 9. — (1) The Water Review Board is hereby established and shall consist of not fewer than five persons appointed by the Lieutenant Governor in Council, who shall hold office during pleasure and none of whom shall be members of the public ser- vice. Chairman and vice- chairman (2) The Lieutenant Governor in Council may appoint one of the members of the Board as chairman and another of the mem- bers as vice-chairman. Quorum (3) Three members of the Board constitute a quorum. Remunera- tion (4) The members of the Board may be paid such remuneration and expenses as the Lieutenant Governor in Council from time to time determines. One member (5) The chairman may authorize one member of the Board to hearing" "*^ conduct a hearing by the Board and the member has all the powers of the Board for the purpose of the hearing. Report (6) The report of such member may be adopted as the decision of the Board by two other members of the Board, one of whom shall be the chairman or vice-chairman or may be otherwise dealt with as the Board considers proper. 10. — (1) The Water Advisory Council is hereby established Water and shall consist of not fewer than ten and not more than fifteen council persons appointed by the Lieutenant Governor in Council, each established to hold office for a term of not more than three years. (2) The Lieutenant Governor in Council may appoint one of chairman the members of the Council as chairman and another of the chairman members as vice-chairman. (3) The composition of the Council shall be such as to provide Members for competent and knowledgeable persons in matters relating to drinking water quality. (4) A retiring member of the Council is eligible for reappoint- Reappoint- ments ment. (5) The members of the Council may be paid such remunera- Remuneration tion and expenses as the Lieutenant Governor in Council from time to time may determine. 11. The Water Advisory Council, through its chairman, Duties of , „ o 7 Coyne,] shall, (a) advise the Minister as to the results of current research related to, (i) drinking water quality, and (ii) contaminants and substances and their effects; and (b) consider any matter affecting drinking water quality that the Council or the Minister considers advisable and advise the Minister thereon. STUDIES 12. The Minister shall cause research to be conducted into. Research (a) the causes, diagnosis, treatment, control and preven- tion of health effects associated with contaminants or substances; (b) the quality, quantity and availability of private water supplies; (c) the sources of surface and ground water contamination; and id) methods of treating or purifying drinking water. Testing of private water system 13. The Minister shall, at the request of any user of a private water system, cause the water to be tested in accordance with the regulations to establish contaminant and substance levels and compliance with prescribed standards. Regulations 14. — (1) The Lieutenant Governor in Council may make such regulations as are advisable to protect and enhance drinking water quality throughout Ontario. Idem (2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations. (a) designating any biological, chemical or physical agents or combinations thereof as contaminants and prescrib- ing maximum permissible contaminant levels; (b) designating anything as a substance, prescribing standards for substances in water and prescribing maximum permissible substance levels; (c) respecting procedures for water tests to be conducted under clause 3 (a) and section 13; and (d) prescribing greater frequencies than monthly for water tests to be conducted under clause 3 (a) and prescribing the circumstances under which such more frequent tests shall be conducted. Commence- 15. This Act comes into force on the day it receives Royal ment . Assent. Short title ig. The short title of this Act is the Ontario Safe Drinking Water Act, 1982. ^ 2 g w «> o- > <:«> t-' X H c-T O l-M Z <^ S OKI > C/5 fx, '^ >3 ON B" es fi- ^ &■ *«*. 1-1 3 t— 1. 3" 3 P 3 o 13 r-t- &3 3- i-< a> o o c p BILL 46 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Education Act The Hon. B. M. Stephenson Minister of Education and Minister of Colleges and Universities TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes Section 1. — Subsection 1. "band" and "council of the band" are defined in the Act for the first time since reference is now made to them in connection with agreements for the education of Indian pupils. The definition of "credit" has been used for several years in regulations made under the Act and is now being included in the Act for convenience of reference. A definition of "education authority" is required because of the use of this term in the Act. The definition of "Indian" has been removed from subsection 1 1 (2) of the Act and now appears in the interpretation section. Subsection 2. Paragraph 66 of subsection 1 (1) of the Act now reads as follows: 1. — (1) In this Act and the regulations, except where otherwise provided in the Act or regulations, 66. "teacher" means a person who holds a valid certificate of qualifi- cation as a teacher in an elementary or a secondary school in Ontario. The amendment includes in the definition of teacher a person who holds a letter of standing. Such a person is always intended to be included when a teacher is spoken of in the Act and the regulations. Subsection 3. The provisions of subsection 1 (3) of The Education Act, 1974 were not included in the 1980 revision of the Education Act. Concern has been expressed that repeal of the provisions re-enacted by this section casts doubt upon the continuity of certain school jurisdictions, therefore the subsection is re-enacted retroactively to the coming into force of the Revised Statutes of Ontario, 1980. Section 2. The amendment authorizes the Minister to delegate powers and duties to the Deputy Minister or to any officer in the Ministry of Education and provides that a contract entered into under such delegated authority is bind- ing on the Crown. Section 3. — Subsection 1. Clause 8 (1) (i) of the Act now reads as fol- lows: 8. — (1) The Minister may. (i) grant a letter of standing to a person who is a qualified teacher in a jurisdiction outside Ontario and who holds academic and pro- fessional qualifications equivalent to those required in Ontario at the time of the issuing of the letter of standing. The purpose of the amendment is to permit the Minister to deem pupils of boards on co-operative education or work experience programs to be employees of Ontario to enable them to be eligible for compensation under the Workmen's Compensation Act. The present clause (i) is repealed as the granting of letters of standing is dealt with by the regulations. Subsection 2. Clause 8 (1) (w) of the Act now reads as follows: 8. — (1) The Minister may, (m) suspend or cancel and reinstate any interim, temporary, perma- nent, special or other certificate of qualification or letter of standing. The words being deleted by the amendment are made unnecessary by the new Ontario Teacher's Qualifications Regulation. Subsection 3. Clause 8 (1) (/>) of the Act now reads as follows: 8. — (1) The Minister may, (p) provide or approve and review courses for teachers, principals and supervisory officers. The purpose of the amendment is to authorize the Minister to provide or approve courses for attendance counsellors and native counsellors and to grant certificates to such persons. Subsection 4. Clause 8 (1) (r) of the Act now reads as follows: 8. — (1) The Minister may. (r) provide for, and prescribe the conditions of, the granting of scholarships, bursaries and awards to pupils. The amendment authorizes the Minister to provide for and prescribe the conditions of the granting of bursaries to teachers. Subsection 5. The amendment clarifies the authority of the Minister to issue guidelines with respect to school closings. Section 4. — Subsection 1. Paragraph 11 of subsection 10 (1) of the Act now reads as follows: 10. — (1) Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations in respect of schools or classes estab- lished under this Act, or any predecessor of this Act, and with respect to all other schools supported in whole or in part by public money. 11. governing the granting, suspending and cancelling of permanent, temporary, interim, special and other certificates of qualifica- tion, and letters of standing. The words being deleted by the amendment are made unnecessary by the new Ontario Teacher's Qualifications Regulation. Subsection 2. The new paragraph 11a authorizes the making of regula- tions to provide for the issuing of the teacher's qualifications record cards and governing the qualifications that may be recorded thereon. Subsection 3. Paragraph 24 of subsection 10 (1) of the Act now reads as follows: 10. — (1) Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations in respect of schools or classes estab- lished under this Act, or any predecessor of this Act, and with respect to all other schools supported in whole or in part by public money. 24. prescribing the powers, duties and qualifications, and governing the appointment of, teachers, supervisors, directors, supervisory officers, heads of departments , principals, superintendents, bur- sars, matrons, school attendance counsellors and other officials. The purpose of the amendment is to update present terminology. The only bursars in the present system are employed in the Ontario Schools for the Blind and the Ontario Schools for the Deaf and these persons are now called business administrators. The persons formerly known as matrons in the same schools are now referred to as residence counsellors. Subsection 4. Under the powers of a board to provide educational pro- grams and activities, a board may have the power to engage in programs and activities that are, or may be, in competition with the private sector. The new paragraph 2>2> of subsection 10 (1) will enable regulations to be made to regulate and control or, where appropriate, to prohibit a board from engaging in such programs and activities. Subsection 5. Clause 10 (8) (b) of the Act now reads as follows: (8) Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations. (b) prescribing the fee to be paid to the Ministry for duplicates of certificates of qualification and letters of standing. The amendment permits regulations to be made prescribing the fee to be paid for duplicates of Ontario Teacher's Qualifications Record Cards. Section S. — Subsection 1. Subsection 11 (2) of the Act now reads as fol- lows: (2) The Crown in right of Ontario, represented by the Minister, may make agreements with the Crown in right of Canada, represented by the Minister charged with the administration of the Indian Act (Canada), for the admission of pupils, other than Indians as defined in that Act, to schools for Indians operated under that Act. This amendment is complementary to subsection 1 (1) of the Bill. Subsection 2. The new subsection (2a) permits Ontario to enter into an agreement with a band, council of the band or an education authority for the education of non-Indian pupils in schools operated by such band, the council of the band or education authority. Section 6. Clause 12 (6) (g) of the Act now reads as follows: (6) Subject to the approval of the Lieutenant Governor in Council, the Minister may, in addition to his powers under section 10, make regula- tions with respect to schools continued or established under this section. (g) requiring a parent or guardian to deposit a sum of money with the bursar of a school for the purpose of defraying the personal inci- dental expenses of a pupil, and fixing the amount of the deposit. The purpose of the amendment is to refer to the person formerly known as the bursar of an Ontario School for the Blind or an Ontario School for the Deaf as the business administrator. Section 7. Subsection 25(1) now implies that a warrant is needed to enter a dwelling place to remove therefrom a truant child. The words "without a warrant" are removed from the section as no such warrant exists. Section 8. The amendment permits a judge to require a bond in addition to a fine for neglecting or refusing to cause a child to attend school. The original subsection provides that a bond can be imposed only in lieu of a fine. Section 9. Subsection 30 (1) of the Act now reads as follows: (1) Prosecutions under section 29 shall be instituted by the school atten- dance counsellor concerned and prosecutions under subsection 29 (1) shall be instituted in the Provincial Court (Family Division). The amendment permits prosecutions under subsection 29 (1) to be instituted in the Unified Family Court where such a court has been established. Section 10. This amendment is complementary to the amendment to sec- tion 48 of the Act. (See section 12 of the Bill). Section 11. The purpose of the amendment is to ensure that where a college of applied arts and technology requires a certain course of study as a prerequisite, a student may attend another secondary school other than the one at which he is qualified to be a resident pupil in order to obtain credit for that course where the course is not offered at his own school. Section 12. The new subsection (6) requires boards to charge gross fees to all pupils on student visas except participants in certain educational exchange programs and pupils who enrol prior to the 1st day of July, 1982. Section 13. The amendment makes it clear that an area that is deemed a district municipality ceases to be so deemed if it becomes part of a municipality. Section 14. — Subsection 1. The amendment permits the cancellation, reduction or refund of taxes on lands in territory without municipal organization in the same way as by the council of an organized municipality and makes subsection 67 (12) of the Act apply in respect of such territory. Subsection 2. The amendment will permit the establishment of a limita- tion on the increase or decrease, as the case may be, in taxes in territory without municipal organization that is deemed a district municipality, or in territory without municipal organization attached to a municipality, where the increase or decrease is caused by re-assessment. Section IS. — Subsection 1. Complementary to the changes set out in subsection (3) of this section of the Bill. Subsection 2. Clause 54 (1) (c) of the Act now reads as follows: 54. — (1) The Lieutenant Governor in Council may, by regulation. (c) dissolve a board of a school division or school section. The amendment makes it clear that the dissolution of the board of a school section under this section applies only in the case where the school section is to be included in a school division. The present provisions of sections 68 and 70 of the Act apply to other dissolutions. Subsection 3. The amendment simplifies the process for changing the name of a board. Section 16. — Subsection 1. Subsection 59 (23) of the Act now reads as follows: (23) The number of members to be elected in a municipality shall be. elected by a general vote of the public school electors or separate school electors, as the case may be, in the municipality, provided that, where it is determined under this section that the number of members to be elected to the divisional board by the public school electors in a municipality or by the separate school electors in a municipality is two or more, the council of the municipality may, by by-law, divide the municipality into two or more areas and provide for the election of one or more of such members by the public school electors or separate school electors, as the case may be, in each of such areas. The amendment restricts the power of a municipal council to pass a by-law that divides a municipality into areas for the purpose of electing members to a divisional board in a case where the board has so requested. Subsection 2. The requirements in this subsection are now dealt with in subsections 36 (3) and (4) of the Municipal Elections Act. Section 17. This amendment is consistent with the repeal of subsection 59 (34) of the Act (see section 16 of the Bill). Section 18. The amendment permits the making of a regulation to detach a portion from a district school area without adding the portion detached to or forming it into another district school area. Section 19. Subsection 64 (5) is re-enacted to delete the reference to a two year term of office and to relate the term of office to the time of the holding of regular elections, under the Municipal Elections Act. Section 20. — Subsection 1. The amendment to subsection 65 (1) of the Act is necessary to clarify that a first election of a district school area board may take place as set out in subsection 65 (4). Subsection 2. Subsection 65 (4) of the Act is amended to make it clear that subsection 65 (4) applies to first elections and subsection 64 (5) applies to sub- sequent elections of a district school area board. Subsection 3. This amendment is consistent with the amendment to sec- tion 100 of the Act (see section 33 of the Bill). Section 21. Subsection 66 (1) of the Act now reads as follows: (1) Notwithstanding section 65, before the 1st day of July in an election year, the board of a district school area may, by resolution approved at a meeting of the electors, determine that the board shall conduct the elec- tions in the same manner as for the members of a divisional board of education, except that the members shall be elected by a general vote of the electors of the district school area and for such purposes subsection 53 (1) applies with necessary modifications to the district area board and to the officers of such board. The amendment corrects a reference to a district school area board referred to in subsection 62 (1) of the Act and makes it clear that the electors referred to in the subsection are public school electors. Section 22. The new section 66a permits regulations to be made provid- ing for the nomination of candidates, prescribing the manner of holding an elec- tion, the number of members to be elected and the areas each member is to represent where a district school area is formed under clause 62 (2) (b) of the Act. Section 23. Subsections 68 (1), (2) and (3) of the Act now read as follows: (1) Where the number of public school pupils of compulsory school age residing in a district school area is fewer than ten and the board has ceased to operate a school, the Minister may declare the district school area inactive as of the 31st day of December in any year. (2) When a district school area is declared to be inactive, the board shall liquidate its assets, settle its accounts and have them audited, and forward to the Ministry the audited statement of accounts, the auditor's report and the balance of the funds for deposit in the Consolidated Revenue Fund. (3) If the Minister is satisfied that the board has carried out its duties under subsection (2) he shall dissolve the board and the district school area shall cease to exist as of the date that the district school area was declared inactive under subsection (1). The amendment to subsection 68 (1) makes it clear that it is the "board" that the Minister declares to be inactive in the circumstances described in the subsec- tion and not the "area". The amendments to subsections 68 (2) and (3) are com- plementary thereto. Section 24. Clause 69 (2) (a) of the Act now reads as follows: (2) Where a secondary school district is established under subsection (1), the Lieutenant Governor in Council may make regulations providing for, (a) the formation and composition of a secondary school board. The amendment provides a method for dissolving a board estabhshed under section 69 of the Act. Section 25. The new subsection 74 (8) of the Act clarifies the authority of a divisional board to pay or to continue to pay an allowance to members of an advisory committee on schools for trainable retarded pupils who are not members of the board whether the board continues that committee and establishes a special education advisory committee or decides to expand the advisory committee on schools for trainable retarded pupils in the manner prescribed in subsection 182 (7). Members of a special education advisory committee will not be eligible to receive an allowance other than under subsection 74 (8). Consistent with the amendment to subsection 167 (1) the size of the allow- ance is no longer regulated and is determined by the board in office from time to time. Section 26. The amendment corrects a reference and moves the com- mencement date of a new combined separate school board forward one month to conform with the provisions of the Municipal Elections Act. Section 27. — Subsection 1. The words deleted are redundant since the term of office of members of an urban separate school board are now set out in the Municipal Elections Act. Subsection 2. The new subection 90 (2a) of the Act provides for the term of office of trustees elected at the formation of an urban Roman Catholic separate school board under section 83 of the Act and provides that elections subsequent to those at the time of the formation are to be held under the Municipal Elections Act. Section 28. The amendments are complementary to the amendment to subsection 90 (1) of the Act. (See section 27 of the Bill). Section 29. The amendment makes the wording consistent with that of subclause 2 (a) (iv) of the Municipal Elections Act, thus ensuring that such Act governs the election of trustees of urban separate school boards. Section 30. The clause, as amended, removes an inconsistency with the Municipal Elections Act. A person who becomes eighteen years of age between the date of enumera- tion and polling day may now be enumerated as a separate school elector under this section as if he was eighteen years of age on enumeration day. Heretofore, such a person could be enumerated only as a public school elector or if he was a separate school supporter as a separate school elector. Section 31. Subsections 97 (1) and (3) are re-enacted to remove the ref- erence to a two year term of office and relate the term of office of the trustees to the time of the holding of regular elections under the Municipal Elections Act. Section 32. — Subsection 1. Subclause 98 (1) (a) (ii) of the Act now reads as follows: (a) to appoint the place of each annual school meeting of the supporters of the school, and the time and place of any special meeting for. (ii) the selection of a new school site. The re-enactment changes the purpose of the special meeting from the selec- tion of a new school site to the approval of a site selected by the board for a new school. This allows the original selection to be done by the board but retains the right of the supporters to approve or not approve such selection. It also limits such approval to the selection of the site of a new school rather than to the selection of any school site that includes a site that might be used for a residence, office, parking area, garden or other purpose. Subsection 2. The proposed new subsection re-enacts a provision that was contained in subsection 36 (1) ofThe Separate Schools Act but was omitted in the consolidation of that Act in The Education Act, 1974. The inclusion of this subsection is necessary to make it clear that the approval of the supporters of the site selected for a new school is necessary before the board can proceed to acquire the site. This amendment is complementary to section 48 of the Bill. Section 33. The purpose of the amendment is to clarify the voting proce- dures at the election of a rural separate school board. Section 34. Subsection 103 (1) is re-enacted to clarify the election proce- dures and the number of trustees to be elected where a new combined Roman Catholic separate school zone is formed or an existing combined Roman Catholic separate school zone is altered in either an election year or an off election year. Section 35. Subsections 111 (2) and (3) of the Act now read as follows: (2) A county combined separate school board that has jurisdiction in an area that includes two or more counties, or one county and a defined city is a corporation by the name of "The County Roman Catholic Separate School Board" (inserting the names of the counties, the name of the city and of the county or a name selected by the board and approved by the Minister). (3) A district combined separate school board that has jurisdiction in the territorial districts is a corporation by the name of "The Roman Catholic Separate School Board" (inserting the name of the area designated by the regulations). The amendment makes the wording of subsection 111 (3) of the Act consis- tent with the wording of subsection HI (2) of the Act. Section 36. — Subsection 1. The amendment permits the cancellation, reduction or refund of taxes on lands in territory without municipal organization in the same way as may be done by the council of an organized municipality and makes subsection 67 (12) apply in respect of such territory. Complementary to the amendment to subsection 53 (1) of the Act (see section 14 of the Bill). Subsection 2 . The amendment will permit the establishment of a limita- tion on the increase or decrease, as the case may be, in taxes in territory without municipal organization that is deemed a district municipality under subsection (1), where the increase or decrease is caused by re-assessment. Section 37. Subsection 113 (19) of the Act now reads as follows: (19) The number of trustees of a county or district combined separate school board to be elected in a municipality shall be elected by a general vote of the separate school electors of such board in the municipality, provided that, where the number of trustees to be elected to the board by the separate school electors in the municipality is two or more, the council of the municipality may, by by-law, divide the municipality into two or more areas and provide for the election of one or more of such trustees by the separate school electors in each of such areas. The amendment restricts the power of a municipal council to pass a by-law that divides a municipality into areas for the purpose of electing members to a county or district combined separate school board in a case where the board has so requested. Section 38. This repeal is consistent with the repeal of subsection 59 (34) of the Act (see section 16 of the Bill). Section 39. The amendment makes it clear that a board is required to carry out those duties imposed upon it by the Minister under section 8 of the Act. Section 40. — Subsection 1. The amendment makes it clear that a board may appoint persons who are not members of the board to certain committees. Subsection 2. Complementary to the amendment to subsection 8 (1) of the Act. (see subsection 3 (S) of the Bill). Section 41. This amendment is complementary to the amendment to subsection 167 (1) of the Act (see section 47 of the Bill). The amount of an allowance, if any, payable to a member of an advisory committee for a vocational course is no longer related to the amount.determined under subsection 167 (1) but may be determined from time to time by the board in office. Section 42. The amendment ensures that when a sick leave gratuity is paid, the number of days used to calculate the amount of the gratuity are written off and not available for transfer or reinstatement under subsection 158 (2) of the Act. Section 43. Section 164 of the Act now reads as follows: 164. A board may enter into an agreement with the Crown in right of Canada for such periods and under such conditions as are specified in the agreement whereby the board may provide for the education of pupils who reside on land held by the Crown in right of Canada in a school or schools operated by the board on land owned by the board or by the Crown in right of Canada. The amendment makes it clear that the school in which instruction is pro- vided under this section may be on an Indian reserve. Section 44. — Subsection 1. Subsection 165 (1) of the Act now reads as follows: (1) A board may enter into an agreement with the Crown in right of Canada for a period specified in the agreement to provide accommodation and tuition for the maximum number of Indian pupils agreed upon, and the fees therefor shall be calculated in accordance with the regulations. Subsection 165 (1) is re-enacted to add permission for a board to make an agreement with a band, the council of the band or education authority where such band, the council of the band or education authority has been authorized by Canada to provide education for Indians. The new subsection (la) adds a new authority permitting a board to enter into an agreement to provide instruction and services on an Indian reserve. Subsection 2. Subsection 165 (4) of the Act now reads as follows: (4) Where a board has entered into one or more agreements under this section, the council of the Indian band, or the councils of the Indian bands, to which the Indian pupils, or a majority of the Indian pupils, who are, pursuant to the agreement or agreements, enrolled in the schools operated by the board, belong, may, subject to subsection (5), name one person to represent on the board the interests of the Indian pupils and, where a person is so named, the board shall, subject to subsection (6), appoint the person a member of the board, and the member so appointed shall be deemed to be an elected member of the board, except that, (a) where the agreement or agreements under this section are in respect of secondary school pupils only, the member so appointed is a trustee for secondary school purposes only and shall not vote on a motion or otherwise take part in any proceedings that affect public schools exclusively; and (b) where the agreement or agreements under this section are in respect of elementary school pupils only, the member so appointed is a trustee for elementary school purposes only and shall not vote on a motion or otherwise take part in any proceed- ings that affect secondary schools exclusively. The deletion of the word "Indian" is consistent with the amendments in section 1 of the Bill. Subsection 3. Subsection 165 (S) of the Act now reads as follows: (5) Where the number of Indian pupils enrolled in the schools under the jurisdiction of a divisional board or a county or district combined sepa- rate school board pursuant to one or more agreements made under this section exceeds 25 per cent of the average daily enrolment in the schools of the board, two persons may be named under subsection (4), and subsection (4) applies with necessary modifications in respect of such persons. The amendment permits a second Indian representative to be appointed to a district school area board and to a rural separate school board where the number of Indian pupils enrolled exceeds 25 per cent of the average daily enrolment of the board. Subsection 4. The new subsection (6a) provides for the counting of Indians enrolled in schools on a reserve where a board provides the instruction, when determining Indian representation on a board. Section 45. The new section 165a enables school boards to provide basic education programs for adults by agreements with colleges of applied arts and technology. Such programs may be in lieu of or in addition to those provided directly by boards. Section 46. — Subsections 1 and 2. Subsection 166 (1) of the Act now reads as follows: (1) A board may provide for, (a) a resident pupil of the board who is enrolled in a school that the board operates or in a school operated by another board to which the board pays fees in respect of such pupil; (b) a pupil in respect of whom the Minister pays the cost of educa- tion under the regulations; and (c) a child over two years of age who may, under the regulations, be admitted to a program for hearing-handicapped children, transportation to and from the school that the pupil attends and to and from an activity that is part of the program of such school. The amendment to subsection 166 (1) and the enactment of subsection 166 (la) has the effect of removing any doubt that a board may transport each of the pupils enrolled in its schools to and from an activity that is part of the program in the schools. It also enables a board that provides transportation of pupils to and from an activity to claim a grant in respect of the costs of such transportation regardless of the fact that some of those pupils may be enrolled in the schools of the board under an agreement with another board for their education under which fees are paid. Subsection 3. The amendment makes provision for reimbursement of a parent for the cost of board, lodging and transportation where a pupil resides in a residence in a regional municipality, except The Regional Municipality of Sud- bury, that is forty-eight kilometres or more from the school that he attends. Section 47. Commencing with school boards elected in the year 1982 school board members and trustees and chairmen may receive an allowance as determined by the outgoing board. The allowances shall be determined for and be effective in the period the members of the new board are in office but may be decreased by the new board. Where a board that is to be replaced at the regular election does not fix a new allowance, the existing allowances payable to members and chairman of the board shall continue until they are altered under the provisions of this section. A newly formed board may determine its own first allowance. Section 48. — Subsection 1. Subsection 171 (1) of the Act now reads as follows: (1) Subject to the provisions of Part IV as to the selection of a site by a rural separate school board, every board may acquire, by purchase or lease, or may expropriate, a school site that is within its area of jurisdiction. This amendment is complementary to the amendments to section 98 of the Act (see section 32 of the Bill) and clarifies the provisions to which this subsection is subject. Subsection 2 . This is consistent with the amendment to section 1 73 of the Act as set out in section 49 of the Bill. Section 49. — Subsection 1. Subsections 173 (1) and (2) are rewritten for clarification. Lands acquired for a natural science program are a school site as defined in paragraph S3 of subsection 1 (1) of the Act. Section 171 authorizes school boards to acquire school sites without approval of the Minister where the sites are within the areas of jurisdiction of boards but requires approval of the Minister where a school site is situate outside the jurisdiction. As previously written, subsections 173 (1) and (2) appeared to be at variance with the concepts in section 171 where the land for a natural science program was situate outside the area of jurisdiction of the acquiring board. The new subsection (1) will permit the requirements of section 171 to prevail where the school site is acquired for natural science programs under that section subject to the requirement of approval where construction of facilities is required. The new subsection (la) ensures that there is no interference with the constitutional rights of separate school boards. The new subsection (lb) extends the authority provided in section 171 for boards to acquire a school site outside their area of jurisdiction where it is for the purpose of a natural science program but such authority is made subject to the approval of the Minister as to the acquisition and in respect of the construction of facilities. Subsection (2) clarifies the previous authority of boards to share existing lands and facilities for conducting a natural science program and makes the principle of Ministerial approval apply where lands for such purpose are acquired outside the areas of jurisdiction of the boards who enter the agreement. Approval of the sharing agreement is required as is approval for construction. Subsection 2. The amendment to subsection 173 (3) of the Act is com- plementary to the changes in subsections (1) (la), (lb) and (2). Section SO. This amendment is complementary to the amendment to subsection 74 (8) of the Act (see section 25 of the Bill). Section 51. The subsection is revised to make clear that meetings of a board are always open to the public and that meetings of a committee, including a committee of the whole board, may be closed to the public only at such times when the subject-matter being discussed comes within one or more of the subject areas set out in the new subsection (la). Section 52. The declaration is amended to make it consistent with the declaration that is required to be given under the Municipal Act. Section 53. The amendment makes it clear that the fact that a person is not entitled to vote at the election of a member of the board to be elected from a particular municipality or locality or combination thereof in the area of jurisdic- tion of the board does not disqualify the person to be elected as a member of the board in such municipality, locality or combination thereof. Section 54. Clause 198 (2) (b) of the Act now reads as follows: (2) Subject to section 202, where, in respect of a board of education, the office of a member elected by separate school electors becomes vacant from any cause before the expiration of the term for which he was elected, and. (b) there are no remaining members elected by separate school elec- tors or the remaining members elected by separate school electors are not a majority of the members elected by separate school electors, the vacancy shall be filled by appointment by the board of the separate school zone that had the highest average daily enrolment for the preceding year of pupils below the third year of the Intermediate Division who resided in the school division, as certified by the appropriate supervisory officer. The amendment implements current policy of the Ministry in respect of terminology for designating grade levels. Section 55. Under the Municipal Elections Act no by-election can be conducted to fill a vacancy after the 31st day of March in an election year. The new provision is similar to that in subsection 48 (2) of the Municipal Act and is necessary because no other provision exists under which a board could continue to operate because the number of members remaining in office is less than a quorum. Section S6. Subsection 207 (1) of the Act now reads as follows: (1) Every board shall appoint an auditor who shall be a person licensed by the Ministry of Intergovernmental Affairs as a municipal auditor and who shall hold office during good behaviour and be removable for cause upon the vote of two-thirds of the members of the board. The amendment excludes a board established on tax-exempt land from the requirement that its auditor be licensed as a municipal auditor under the Munici- pal Affairs Act. The amendment also removes the requirement of a vote of two-thirds of the members of a board to remove an auditor, thus making the subsection consistent with the provisions of the Municipal Act. Section 57. The purpose of the amendment is to ensure that no rateable property is exempt from school taxes. Section 58. Subsection 216 (2) of the Act now reads as follows: (2) The council of a municipality shall annually account for all moneys collected for school purposes, and any sum collected in excess of the amount required by a board to be raised by the municipality for such purposes shall, except where otherwise provided in the Act under which the sum is collected, be retained by the municipality and applied to reduce the amount that the municipality is required by such board to raise for such purposes in the year next following. The purpose of the amendment is to make it clear that subsection 167 (2) of the Municipal Act does not apply to any moneys collected b}- a municipality for school purposes that are surplus to the requirements of the school board for which it was collected. The result of this amendment is to make subsection 216 (2) consistent with subsection 34 (3) oi the Assessment Act, which section requires that taxes collected from assessment omitted from the roll by error and subsequently picked up, or from supplementary or new assessment that is subsequently added to the roll, are to be turned over to the board by the year end. The amendment also requires the municipality to hold for school purposes for the following year any moneys col- lected in excess of the amount required by the board. Section 59. The amendment makes it clear that a person teaching on a letter of permission is required to perform the same duties as a qualified teacher. Section 60. The amendment requires the chief executive officer of a board to submit an annual report to the board and to the Minister. Section 61. The amendinent gives provincial supervisory officers access to schools and board records, where the Minister so requires. Section 62. Subsection 258 (2) of the Act now reads as follows: (2) Where, after the first school day in September and on or before the 1st day of April next following, written evidence is presented to a board referred to in subsection (1) that a number of French-speaking pupils resident in the school section or separate school zone have elected to be taught in the French language, the board shall forthwith determine whether French-speaking pupils can be assembled for this purpose in one or more classes or grotips of twenty-five or more and, where the board determines that such pupils can be so assembled, it shall provide for the use of the French language in instruction in such classes or groups commencing on the first school day of the following school year. The purpose of the amendment is to include the first school day in September in the time period referred to. Section 63. Subsection 261 (2) of the Act now reads as follows: (2) Where, after the first school day in September and on or before the 1st day of April next following, written evidence is presented to a board that a number of French-speaking pupils resident in the secondary school district have elected to be taught in the French language, the board shall forthwith determine whether French-speaking pupils can be assembled for this purpose in one or more classes or groups of twenty or more and, where the board determines that such pupils can be so assembled, it shall provide for the use of the French language in instruction in such classes or groups commencing on the first school day in the following school year. The purpose of the amendment is to include the first school day in September in the time period referred to. Section 64. — Subsection 1. The amendment makes an elected member of a language advisory committee subject to the same disqualifications as a member of the board. Subsection 2. Subsection 262 (4) of the Act now reads as follows: (4) A member of a committee shall hold office during the term of the mem- bers of the board and until a new board is organized. The amendment extends the term of office of a member of a French- language advisory committee until his successor is appointed or elected. Section 65. The new subsection (2) requires the new board to make its appointments to the committee by the date of the election referred to in subsection (1). Section 66. The amendment provides for the orderly resignations of the elected members of a language advisory committee and ensures that the number of members of the committee shall never be less than a quorum. Section 67. The subsection is re-enacted to clarify the circumstances in which members of a French-language advisory committee shall receive an allow- ance and removes the regulation of the amount of such allowance consistent with the principle that the allowance should be determined by the board in office from time to time. Section 68. The subsection as re-enacted permits members to be appointed for a term of one, two or three years as determined by the Lieutenant Governor in Council. The purpose of the amendment is to permit flexibility and continuity in the making of appointments by staggering the terms of office of the members. Subsection 275 (2) of the Act now reads as follows: (2) Members of the Commission shall hold office for a term of three years, may be reappointed, and shall be paid such remuneration as may be determined by the Lieutenant Governor in Council. BILL 46 1982 An Act to amend the Education Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) Subsection 1 (1) of the Education Act, being chapter 129 of amended the Revised Statutes of Ontario, 1980, is amended by adding thereto the following paragraphs: 2a. "band" and "council of the band" have the same meaning as in the Indian Act (Canada); R.s.c. 1970, 10a. "credit" means recognition granted to a pupil by a principal a.s prima facie evidence that the pupil has successfully completed a quantity of work that, i. has been specified by the principal in accord- ance with the requirements of the Minister, and ii. is acceptable to the Minister as partial fulfil- ment of the requirements for the Secondary School Graduation Diploma or the Secondary School Honour Graduation Diploma, as the case may be; 19a. "education authority" means a corporation that is incorporated by two or more bands or councils of bands for the purpose of providing for the educational needs of the members of such bands; R.S.C. 1970, c. 1-6 23a. "Indian" has the same meaning as in the Indian Act (Canada). s. 1 (1), par. 66, amended (2) Paragraph 66 of the said subsection 1 (1) is amended by inserting after "qualification" in the second Hne "or a letter of standing". s. 1, amended (3) Section 1 of the said Act is amended by adding thereto the following subsection: Existing school arrangements continued (5) Until altered under the authority of this or any other Act, all school jurisdictions and boards including the names of the boards continue as they now exist and all members of boards duly elected and all officers duly appointed continue in office, and all agreements, contracts, obligations, assessments and tax bills heretofore duly made in relation to elementary and secon- dary schools and existing on the 1st day of August, 1981 continue subject to the provisions of this Act. s. 2, amended 2. Section 2 of the said Act is amended by adding thereto the follow- ing subsections: Delegation of powers and duties (4) The Minister may in writing authorize the Deputy Minis- ter or any other officer or employee in the Ministry to exercise any power or perform any duty that is granted to or vested in the Minister under this or any other Act. Limitations (5) The Minister may in writing limit an authorization made under subsection (4) in such manner as he considers advisable. Application of R.S.O. 1980, c. 147, s. 6 (6) Section 6 of the Executive Council Act does not apply to a deed or contract that is executed under an authorization made under subsection (4). s. 8(l)(i), re-enacted 3. — (1) Clause 8 (1) (i) of the said Act is repealed and the following substituted therefor: Application of R.S.O. 1980, c. 539 (i) prescribe the conditions under which and the terms upon which pupils of boards shall be deemed to be employees for the purpose of coverage under the Workmen's Compensation Act, deem pupils to be employees for such purpose and require a board to reimburse Ontario for payments made by Ontario under that Act in respect of a pupil of the board deemed to be an employee of Ontario by the Minister. s. 8(l)(m), amended (2) Clause 8 (1) (m) of the said Act is amended by striking out "interim, temporary, permanent, special or other" in the first and second lines. (3) Clause 8 (1) {p) of the said Act is amended by striking out s s (!)(/>), "and supervisory officers" in the second line and inserting in lieu thereof "supervisory officers, attendance counsellors and native counsellors and grantcertificates in respect of the suc- cessful completion of such courses". (4) Clause 8 (1) (r) of the said Act is amended by adding at the s. » (i) (r), end thereof "and the granting of bursaries to teachers". (5) Subsection 8 (1) of the said Act is amended by adding thereto * ^ ^^}' , . ./CD amended the folio wmg clause: (z) in respect of schools under the jurisdiction of a board, issue guidelines respecting the closing of schools. 4. — (1) Paragraph 11 of subsection 10 (1) of the said Act is amended * lo^i)- by striking out "permanent, temporary, interim, special and amended other" in the second line. (2) The said subsection 10 (1) is amended by adding thereto the s. io(i), r 11 • 1 amended followmg paragraph: 11a. providing for the issuing of teacher's qualifications teacher's 1 1 1 -1 r • 1 i.,-. quail- record cards and governmg the professional qualifica- fkations tions that may be recorded on such record cards. ^^corA cards (3) Paragraph 24 of the said subsection 10 (1) is amended by s. io(i), striking out "bursars, matrons" in the fourth line and insert- amended ing in lieu thereof "residence counsellors". (4) The said subsection 10 (1) is further amended by adding « lo (D- thereto the following paragraph: 33. Notwithstanding paragraph 26 of subsection 150 (1), competition prohibiting or regulating and controlling any program private or activity of a board that is or may be in competition ^^^^^"^ with any business or occupation in the private sector and providing that such regulations have general appli- cation or application to a particular board. (5) Clause 10 (8) {b) of the said Act is amended by striking out s- lo (s) (fc), "and letters of standing" in the second and third lines and ^^^^ ^ inserting in lieu thereof "letters of standing and Ontario Teacher's Qualifications Record Cards". 5. — (1) Subsection 11 (2) of the said Act is amended by striking out ^ n (2)- "as defined in that Act" in the fifth line. (2) Section 11 of the said Act is amended by adding thereto the ^ ii. , -,,.,,. amended loUowmg subsection: Non-Indian pupils at Indian schools (2a) The Crown in right of Ontario, represented by the Minister, may enter into an agreement with a band, the council of the band or an education authority where such band, council of the band or education authority is authorized by the Crown in right of Canada to provide education for Indians, for the admis- sion of pupils who are not Indians to a school operated by the band, council of the band or education authority. s. 12 (6) ig), amended 6. Clause 12 (6) (g) of the said Act is amended by striking out "bur- sar" in the second line and inserting in lieu thereof "business administrator". s. 25 (1), amended 7. Subsection 25 (1) of the said Act is amended by striking out "with- out a warrant" in the eighth line. s. 29 (2), amended 8. Subsection 29 (2) of the said Act is amended by inserting after "may" in the first line "in addition to or". s. 30 (1), amended 9. Subsection 30 (1) of the said Act is amended by adding at the end thereof "or the Unified Family Court". s. 31 (2), amended 10. Subsection 31 (2) of the said Act is amended by inserting after "Part" in the first line "except subsection 48 (6)". s. 40 (1) (c), amended 11. Clause 40 (1) (c) of the said Act is amended by inserting after "course" in the seventh line "or college of applied arts and technology". s. 48, amended 12. Section 48 of the said Act is amended by adding thereto the fol- lowing subsection: Fees for pupils 1976-77, c. 52 (Can.) (6) Notwithstanding any other provision of this Act, where a board admits to a school that it operates, a person who is in Canada as a visitor or as a student under the Immigration Act, 1976 (Canada), except. (a) a participant in an educational exchange program under which a pupil of the board attends without fee a school outside Canada; or {b) a pupil who enrolls in an elementary school or a secon- dary school prior to the 1st day of July, 1982, the board shall charge the person the maximum fee calculated in accordance with the regulations. s. 52 (3), amended 13. Subsection 52 (3) of the said Act is amended by adding at the end thereof "unless and until it becomes or is included in a munici- pality". 14. — (1) Subsection 53 (1) of the said Act is amended by inserting after s. 53 (i), "collecting" in the seventh line "cancelling, reducing or refunding" and by striking out "11" in the thirteenth line and inserting in lieu thereof "12". (2) Section 53 of the said Act is amended by adding thereto the s S3, ,, . , . amended foUowmg subsection: (2a) Section 362 of the Municipal Act applies to territory with- Application of . , , • • 1 • 1 1 1" • • • !• R.S.O. 1980, out municipal organization that is deemed a district municipality c. 302, s, 362 under this Act, and the divisional board has the powers of a municipal council under the said section 362 in respect of any such territory that is not attached to a municipality for school purposes, and the council of the municipality to which any such territory is attached for public school purposes and for secondary school purposes under subsection (2) has the powers of a munici- pal council under the said section 362 in respect of the territory so attached. 15.— (1) Clause 54 (1) (b) of the said Act is repealed. s. S4 (i) (b), (2) Clause 54 (1) (c) of the said Act is amended by striking out »• ^"^y^"^^' "school section" in the first and second lines and inserting in lieu thereof "of a school section that is included in a school division". (3) Subsection 54 (6) of the said Act is amended by striking out ^ S4 (6), ^^ {inserting the name assigned by the regulationsY^ in the seventh and eighth lines and inserting in lieu thereof "{inserting the name selected by the board and approved by the Minister)". 16. — (1) Subsection 59 (23) of the said Act is amended by inserting s. 59(23), after "may" in the eighth line "where so requested by the divisional board". (2) Subsection 59 (34) of the said Act is repealed. ». 59(34), rcpcBicci 17. Subsection 61 (2) of the said Act is repealed and the following s. 61 (2), . ' ^ re-enacted substituted therefor: (2) Subsection 59 (32) applies with necessary modifications to Qualifications the nomination and election of candidates for members of a of candidates board of education. 18. Subsection 62 (2) of the said Act is amended by striking out "or" at ^^^^J-^^^ the end of clause (c), by adding "or" at the end of clause {d), and by adding thereto the following clause: {e) detach a portion thereof from a district school area. s. 64 (S), 19. Subsection 64 (5) of the said Act is repealed and the following substituted therefor: Election (5) The election of members of the board of a district school term of office area that is not an improvement district shall be held in each year R.s.o. 1980, in which a regular election is held under the Municipal Elections '^' ^°^ Act and the members shall hold office until the next regular election is held under that Act and their successors are elected under this Act and the new board is organized except that, (a) where a new district school area is formed to take effect on the 1st day of January in a year that is not a year of a regular election under the Municipal Elections Act, the first members of such board shall be elected in the year preceding such 1st day of January and shall hold office until the next regular election is held under the Munici- pal Elections Act and their successors are elected under this Act and the new board is organized; or {b) where the boundaries of a district school area are altered to take effect on the 1st day of January in a year that is not a year in which a regular election is held under the Municipal Elections Act, a new district school area board shall be elected in the year preceding such 1st day of January and the members so elected shall hold office until the next regular election is held under the Municipal Elections Act and their successors are elected under this Act and the new board is organized. s. 65 (1), 20. — (1) Subsection 65 (1) of the said Act is amended by inserting after amended c,^^„- i r- i- i • • / ,, 66 m the first line and subject to subsection (4), . ll^^^ll^ (2) Subsection 65 (4) of the said Act is repealed and the following substituted therefor: re-enacted ^'"^^. (4) Notwithstanding subsection 64 (S), the first meeting for the election of a board of a district school area formed or altered under subsection 62 (2) shall be held at a time and place named by a person, designated by the Minister, who shall make the necessary arrangements for the meeting and the persons so elected shall hold office until the date the next regular election is R.s.o. 1980, held under the Municipal Elections Act and their successors are elected under this Act and the new board is organized. * ^^ ^*)' (3) Subsection 65 (8) of the said Act is amended by inserting after "(9)" in the first line "(10a)". s. 66(1), 21. Subsection 66 (1) of the said Act is amended by, amended ' -^ ' 7 (a) inserting after "the" in the third line "public school"; (b) inserting after "the" where it occurs the first time in the seventh line "public school"; and (c) inserting after "district" in the ninth line "school". 22. The said Act is amended by adding thereto the following section, s. 660, enacted 66a. — (1) Notwithstanding subsections 65 (3) and (8) and sec- Elections tion 66, where a district school area is formed under clause 62 (2) (b), the Lieutenant Governor in Council may make regulations, (a) determining the number of members to be elected to the board of the district school area; (b) determining the areas each member referred to in clause (a) shall represent; (c) providing for the nomination of candidates to be elected; and (d) prescribing the manner in which the election of the members shall be conducted, and the election of the members shall be in accordance with such regulations. (2) No election under this section is invalid by reason of non- Validity compliance with the provisions of the regulations made under subsection (1) or by reason of any mistake or irregularity if it appears that the election was conducted in accordance with the principles laid down in the regulations and that the non-com- pliance, mistake or irregularity did not affect the result of the election. 23. — (1) Subsection 68 (1) of the said Act is amended by inserting after * ^* I'^i „.,-,,.,,, amended area m the fourth Ime board . (2) Subsection 68 (2) of the said Act is amended by inserting after » 68 (2), ,, ,,.,-. ,. ,,, ,„ amended area m the first Ime board . (3) Subsection 68 (3) of the said Act is amended by inserting after ^ ^8 (3), ,,„.,-,,.,,, ,„ amended area m the fourth Ime board . 24. Clause 69 (2) (a) of the said Act is amended by adding at the end s ^^^^H^)- thereof "and for the dissolution thereof. 25. Subsection 74 (8) of the said Act is repealed and the following s. ^^ (8), substituted therefor: 8 Allowance (8) The divisional board may pay an allowance to each member of the committee who is not a member of the divisional board and where the divisional board satisfies the requirements for a special education advisory committee under subsection 182 (7), the board may pay an allowance to each member of the special education advisory committee who is a member of the advisory committee on schools for trainable retarded pupils. s. 87 (1), amended 26. Subsection 87 (1) of the said Act is amended by striking out "1st day of January of the following year" in the fifteenth line and inserting in lieu thereof "1st day of December of the same year". s. 90 (1), amended 27. — (1) Subsection 90 (1) of the said Act is amended by striking out "for a term of two years" in the third line. s. 90, amended Term of office of first trustees R.S.O. 1980, c. 308 (2) Section 90 of the said Act is amended by adding thereto the following subsection: (2 a) The trustees who are elected at the first election of an urban separate school board shall hold office until the next regu- lar election is held under the Municipal Elections Act and their successors are elected and the new board is organized and sec- tions 93, 94, 95 and 96 apply with necessary modifications to the elections of trustees of the urban separate school board held after the first elections of trustees. s. 91 (1), amended 28. — (1) Subsection 91 (1) of the said Act is amended by striking out "for a term of two years" in the fourth line. s. 91 (2), amended (2) Subsection 91 (2) of the said Act is amended by striking out "for a term of two years" in the fourth line. s. 93 (1), amended 29. Subsection 93 (1) of the said Act is amended by striking out "in the same manner as municipal elections" in the second and third lines and inserting in lieu thereof "by the same officers and in the same manner as elections of members of the council of a municipality". s. 95 {b), re-enacted 30. Clause 95 (b) of the said Act is repealed and the following substi- tuted therefor: (b) has attained the age of eighteen years or on or before polling day will attain the age of eighteen years; and s. 97 (1), re-enacted 31 . — (1) Subsection 97 (1) of the said Act is repealed and the following substituted therefor: Trustees term of office R.S.O. 1980, c. 308 (1) The board of a rural separate school shall consist of three trustees who, subject to subsection (3), shall be elected in each year in which a regular election is held under the Municipal Elec- tions Act and shall hold office until the date the next regular election is held under that Act and their successors are elected under this Act and the new board is organized. (2) Subsection 97 (3) of the said Act is repealed and the following s. 97 (3), substituted therefor: (3) Where the first election of a newly established rural sepa- ^^^'^ rate school board is held in a year in which no regular election is held under the Municipal Elections Act, the trustees so elected R so. i98o, shall hold office until the date upon which the next regular elec- tion is held under that Act and their successors are elected under this Act and the new board is organized. 32.— (1) Subclause 98 (1) (a) (ii) of the said Act is repealed and the J-.^^s (i) (a), following substituted therefor: re-enacted (ii) the approval of a site selected by the board for a new school. (2) Section 98 of the said Act is amended by adding thereto the * 98, - „ . , . .- o amended following subsection: (3) No site for a new school shall be acquired by a rural sepa- Approval rate school board without approval of the site by the majority of school site the supporters of the rural separate school who are present at an annual or a special meeting of the board. 33. Section 100 of the said Act is amended by adding thereto the ^ i°o, . . ./ o amended following subsection: (10a) A voter is entitled to as many votes as there are trustees Number ' . ■" of votes to be elected, but may not give more than one vote to any one candidate. 34. Subsection 103 (1) of the said Act is repealed and the following s io3 (i), , . , , - re-enacted substituted therefor: (1) Where a combined separate school zone is formed or where Trustees another separate school zone is added to or detached from a combined separate school zone, the trustees in office shall retire on the 1st day of December following the election of trustees of the combined separate school zone and, subject to the number of trustees being determined under subsection (5), five trustees shall be elected by the supporters of the newly-created or altered com- bined separate school zone, (o) as provided in section 100, where the combined sepa- rate school zone is formed, or where another separate school zone is added to or detached from a combined separate school zone in the year next following the year 10 R.S.O. 1980, c. 308 in which a regular election was held under the Munici- pal Elections Act, in which case the provisions of sec- tion 97 apply; or (b) as provided in section 93, where the combined separate school zone is formed or where another separate school zone is added to or detached from a combined separate school zone in the year in which a regular election is to be held under the Municipal Elections Act. s. Ill (3), amended 35. Subsection 111 (3) of the said Act is amended by striking out "The Roman Catholic Separate School Board" in the third and fourth lines and inserting in lieu thereof "The District Roman Catholic Separate School Board". s. 112 (2), amended 36. — (1) Subsection 112 (2) of the said Act is amended by inserting after "collecting" in the sixth line "cancelling, reducing or refunding" and by striking out "11" in the twelfth line and inserting in lieu thereof "12". s. 112, amended (2) Section 112 of the said Act is amended by adding thereto the following subsection: Application of R.S.O. 1980, c. 302, s. 362 (2a) Section 362 of the Municipal Act applies to territory with- out municipal organization that is deemed a district municipality under subsection (1), and the district combined separate school board has the powers of a municipal council under the said sec- tion 362 in respect of any such territory. s. 113 (19), amended 37. Subsection 113 (19) of the said Act is amended by inserting after "may" in the seventh line "where so requested by the board". s. lis (3), repealed 38. Subsection 115 (3) of the said Act is repealed. s. 149, amended 39. Section 149 of the said Act is amended by adding thereto the following paragraph: requirements 18. do anything that a board is required by the Minister to do under subsection 8 (1). s. 150(1), par. 1, re-enacted 40. — (1) Paragraph 1 of subsection 150 (1) of the said Act is repealed and the following substituted therefor: 1. establish committees composed of members of the board to make recommendations to the board in respect of education, finance, personnel and property; 11 la. establish committees that may include persons who are "dem not members of the board in respect of matters other than those referred to in paragraph 1. (2) Paragraph 6 of the said subsection 150 (1) is amended by « iso(i), adding at the end thereof "and close schools in accordance amended with policies established by the board from guidelines issued by the Minister". 41. Subsection 153 (2) of the said Act is repealed and the following s- iS3 (2), substituted therefor: re-enacted (2) A secondary school board may pay to each person Allowance appointed under subsection (1) who is not a member of the board such allowance as the board may determine for each month for which he is appointed. 42. Section 158 of the said Act is amended by adding thereto the « iss, r 11 • 1 ,• amended loUowmg subsection: (la) Where a sick leave gratuity is paid upon termination of idem employment, the number of days used to calculate the amount of the gratuity ceases to stand to the credit of the employee and is not available for transfer or reinstatement of credits under sub- section (2). 43. Section 164 of the said Act is amended by inserting after "or" in the ^ i64, seventh line "held". ^""^" " 44. — (1) Subsection 165 (1) of the said Act is repealed and the follow- s i6s (d, ing substituted therefor: re-enac e (1) A board may enter into an agreement with, Agreements re education of Indian (a) the Crown in right of Canada; or pup'is {b) a band or the council of the band or an education authority where such band, the council of the band or education authority is authorized by the Crown in right of Canada to provide education for Indians, to provide for Indian pupils, for the period specified in the agreement, accommodation, instruction and special services in the schools of the board, and such agreement shall provide for the payment by the Crown in right of Canada, the band, the council of the band or the education authority, as the case may be, of fees calculated in accordance with the regulation govern- ing the fees payable by Canada. Agreements (la) A board may enter into an agreement with, [„ inS^'"" schools 12 s. 165 (4), amended (a) the Crown in right of Canada; or (b) a band, the council of the band or an education author- ity referred to in clause (1) (b), to provide for Indian pupils, for the period specified in the agreement, instruction and special services in schools provided by the Crown in right of Canada, the band, the council of the band or the education authority, as the case may be, and such agreement shall provide for the payment by the Crown in right of Canada, the band, the council of the band or the education authority, as the case may be, of the full cost of the provision of the instruction and special services. (2) Subsection 165 (4) of the said Act is amended by, (a) striking out "Indian" in the second line and where it occurs the first time in the third line; and (b) inserting after "board" in the fifth line "or in the schools in which the board provides all the instruction". s. 165 (5), amended (3) Subsection 165 (5) of the said Act is amended by striking out "divisional board or a county or district combined separate school" in the second and third lines. s. 165, amended (4) Section 165 of the said Act is amended by adding thereto the following subsection: When Indian school enrolment included (6fl) For the purpose of determining the number of Indian pupils enrolled in the schools under the jurisdiction of a board referred to in subsection (5) or (6), the number of Indian pupils in Indian schools in which the board provides all the instruction shall be included. s. 165o, enacted 45. The said Act is further amended by adding thereto the following section: Interpre- tation 165a. — (1) In this section "adult basic education" means pro- grams and courses that are designed to develop and improve the basic literacy and numeracy skills of adults. Agreements for adult basic education (2) Subject to the approval of the Minister, a board may, in respect of persons who reside in the area of jurisdiction of the board, enter into an agreement in writing with a college of applied arts and technology for the area in which the board has jurisdiction under which the college of applied arts and tech- nology provides for the board such adult basic education as is specified in the agreement. 13 46. — (1) Subsection 166 (1) of the said Act is amended by striking out * i66 (i), • • 1 ■ r 1 amended and to and irom an activity that is part of the program of such school" in the twelfth and thirteenth lines. (2) Section 166 of the said Act is amended by adding thereto the ^ i66, r tt • ^ ,• amended following subsection: (la) A board may provide for a pupil who is enrolled in a ^^'^"^ school that the board operates, transportation to and from an activity that is part of the program of such school. (3) Clause 166 (9) {b) of the said Act is amended by inserting after s. i66 (9) (b), "county" in the first line "or a regional municipality that is not in a territorial district". 47. Subsections 167 (1) and (2) of the said Act are repealed and the ». i67 (i, 2), following substituted therefor: (1) Subject to subsections (la), (Ic) and (2) a board may pay to Allowance each member of the board an allowance in such amount that is °^ "^^"^ ^"^^ determined by the board to be payable to the members thereof and may pay to the chairman an amount determined by the board that is in addition to the allowance payable to the chair- man as a member of the board. (la) Commencing with the board that is organized following Wem the regular election in the year 1982 the allowances payable under subsection (1) shall be those determined by the board prior to the date of the regular election to take effect for the term of office of the members of the board elected at the regular election. (16) Where a new board is established or formed under the idem Act, the members who are elected at the first election of the board may determine the amount of the allowance to be paid to members of the board and the amount of any additional allow- ance payable to the chairman as a member of the board. (Ic) A board may at any time decrease any allowance payable Decrease in to the members or to the chairman of the board. (2) Where allowances have not been determined for the term Continuance of of office of a new board the existing allowance payable to mem- ^^"^^ bers of a board or to the chairman of the board during the school year 1981-82 or thereafter on the day of a regular election shall continue to be paid, subject to subsection (Ic), until the expiry of the term of office of the members of the board or of the new board, as the case may be, and until allowances as determined by the board under subsection (la) in respect of the term of office of a new board become payable. 14 s. 171 (1), amended 48. — (1) Subsection 171 (1) of the said Act is amended by striking out "Part IV as to the selection of a site by a rural separate school board, every board" in the first, second and third lines and inserting in lieu thereof "section 98 as to the approval of the site of a new school by a rural separate school board, every board may select and". s. 171 (6), amended (2) Subsection 171 (6) of the said Act is amended by inserting after "172" in the first line "or subsection 173 (1)". s. 173 (1, 2), re-enacted Acquisition of land for natural science program 49. — (1) Subsections 173 (1) and (2) of the said Act are repealed and the following substituted therefor: (1) Where a board acquires a school site under subsection 171 (1), (2), (3) or (4) for the purpose of conducting thereon a natural science program and other out-of-classroom programs, the board shall obtain the approval of the Minister before it erects, adds to or alters buildings on or makes other improvements to the school site for such purpose. Application (la) Subsection (1) does not apply with respect to a school site acquired by a separate school board under subsection 171 (1) or by a county or district combined separate school board under subsection 171 (3) where the cost of the erection of, the addition to or the alteration of the buildings on the school site or of making other improvements to the school site is provided entirely by the separate school board. Idem (lb) A board may, with the approval of the Minister, acquire by purchase or lease for the purpose of conducting a natural science program and other out-of-classroom programs a school site in Ontario that it does not have the authority to acquire under section 171, and the board shall obtain the approval of the Minister before it erects, adds to or alters buildings on or makes other improvements to the school site for such purpose. Approval not required Agreement between boards (Ic) An approval of the Minister is not required under subsec- tion (la) or (2) for normal maintenance to a building or site. (2) Two or more boards may enter into an agreement for a period specified therein for the shared use of a school site in Ontario for conducting natural science programs and other out- of-classroom programs but, where under such agreement one of the boards may acquire or is to acquire by purchase or lease a school site for such purpose or is to erect, add to or alter a building on or make other improvements to such site, the agree- ment is not effective until it is approved by the Minister, and a school site situate outside the jurisdiction of the boards that are parties to the agreement shall not be acquired without the prior approval of the Minister. IS (2) Subsection 173 (3) of the said Act is amended by striking out « i73 (3), "under subsection (1) or (2)" in the first Hne and inserting in lieu thereof "for the purpose of conducting a natural science program and other out-of-classroom programs". 50. Subsection 182 (9) of the said Act is repealed and the following s i82 (9), substituted therefor: (9) Subsection 74 (7) and sections 75 and 76 apply with neces- Application sary modifications to a committee established under subsection ys and 76 (2). 51. Subsection 183 (1) of the said Act is repealed and the following « i83(i), substituted therefor: (1) The meetings of a board and, subject to subsection (la), Open meetings of a committee of the board, including a committee of ITf'^boaKfs the whole board, shall be open to the public, and no person shall be excluded from a meeting that is open to the public except for improper conduct. (la) A meeting of a committee of a board, including a com- Closing of C6rt3.iri mittee of the whole board, may be closed to the public when the committee subject-matter under consideration involves, meetings (a) the security of the property of the board; (b) the disclosure of intimate, personal or financial infor- mation in respect of a member of the board or commit- tee, an employee or prospective employee of the board or a pupil or his parent or guardian; (c) the acquisition or disposal of a school site; ■ (d) decisions in respect of negotiations with employees of the board; or (e) litigation affecting the board. 52. Paragraph 2 of the Declaration to subsection 185 (1) of the said Act s. iss (i), is amended by adding at the end thereof "and that I will disclose ^'"^'^ ^ any pecuniary interest, direct or indirect, as required by and in accordance with the Municipal Conflict of Interest Act". R.s.o. i98o, 53. Section 196 of the said Act is amended by adding thereto the s- i96, r 11 • 1 .• amended lollowmg subsection: (la) A person who is an elector, as defined in the Municipal Wem Elections Act in respect of an area for which one or more mem- R so. i980, bers of a board are to be elected, is qualified to be elected as a '^' member of the board for any area within the jurisdiction of the board. 16 (a) by public school electors if he is a public school elector in the area in which he is an elector; or {b) by separate school electors if he is a separate school elector in the area in which he is an elector, if such person is otherwise qualified under subsection (1) and is not disqualified under subsection (2). s. 198 (2) ib), amended 54. Clause 198 (2) (b) of the said Act is amended by striking out "the third year of the Intermediate Division" in the eighth line and inserting in lieu thereof "Grade 9". s. 204, amended Interim administration pending new elections R.S.O. 1980, c. 308 55. Section 204 of the said Act is amended by adding thereto the following subsection: (2) Where under this Act vacancies on a board are required to be filled by an election to be conducted under the Municipal Elections Act and no election can be held under that Act, the Minister may by order provide for the fulfilling of the duties and obligations of the board until such time as a new election is held in accordance with the Municipal Elections Act and the mem- bers so elected have taken office. s. 207 (1), re-enacted Appointment and dismissal of auditor R.S.O. 1980, c. 303 s. 215a, enacted 56. Subsection 207 (1) of the said Act is repealed and the following substituted therefor: (1) Every board shall appoint an auditor who shall hold office during good behaviour and be removable by the board for cause and who, except in the case of a board established under section 70, shall be a person licensed as a municipal auditor under the Municipal Affairs Act. 57. The said Act is further amended by adding thereto the following section: Exemption by-laws not to include school taxes s. 216(2), amended R.S.O. 1980, c. 31 s. 235 (1), amended s. 253, amended 21Sa. Notwithstanding any general or special Act no by-law of a municipal council exempting any part of the rateable prop- erty in the municipality from taxation in whole or in part shall, after this section comes into force, be effective or he held or construed to exempt the property from school rates of any kind. 58. Subsection 216 (2) of the said Act is amended by striking out "where otherwise provided in the Act under which the sum is collected" in the fifth and sixth lines and inserting in lieu thereof "as provided in subsection 34 (3) of the Assessment Act". 59. Subsection 235 (1) of the said Act is amended by inserting after "teacher" in the first line "and a temporary teacher". 60. Section 253 of the said Act is amended by adding thereto the following subsection: 17 (3) At the first meeting in December of each year the chief General executive officer of a board shall submit to the board a report in a chief format approved by the Minister on the action he has taken offj^er'^*^ during the preceding 12 months under subsection (2) and a copy of such report shall be submitted to the Minister on or before the 31st day of January next following. 61. Section 256 of the said Act is amended by adding thereto the ^ ^^6, •^ " amended following subsection: (5) A provincial supervisory officer or a person designated by Access to , ' . . , ,, , • Ti 1 -n/T- • books and the Mmister shall have access, as required by the Mmister, to records, any school and to the books and records of a board or a school. ^^'^■ 62. Subsection 258 (2) of the said Act is amended by inserting after s- ^^V^'' "Where" in the first line "on or". ^"'^" ^ 63. Subsection 261 (2) of the said Act is amended by inserting after ^^^^A^^' "Where" in the first line "on or". '""^" *" 64. — (1) Section 262 of the said Act is amended by adding thereto the ^^^^^^^^^ following subsection: (3a) Section 206 applies with necessary modifications to a Application , . .11 /^^ /I X of s. 206 member of a committee under clause (2) (o). (2) Subsection 262 (4) of the said Act is amended by adding at the ». ^^y"^)' end thereof "and his successor is appointed or elected, as the case may be". 65. Section 263 of the said Act is amended by adding thereto the ^ 263, . . -^ '^ amended following subsection: (2) The members of the committee to be appointed by the Wem board shall be appointed not later than the date of the election meeting referred to in subsection (1). 66. Section 266 of the said Act is amended by adding thereto the ^ ^66, -,,.,. amended lollowing subsection: (2) Subsection 197 (3) applies with necessary modifications to ^^PjPi'^'^f^'"" °^ the resignation of a member of a committee. 67. Subsection 270 (1) of the said Act is repealed and the following * 270 (i), , . , , - re-enacted substituted therefor: (1) Where a board has determined to pay an allowance to Allowance members of the board under subsection 167 (1), the board shall pay to each member of the committee who is not a member of the 18 board an allowance in such amount as is determined by the board. s. 275 (2), re-enacted 68. Subsection 275 (2) of the said Act is repealed and the following substituted therefor; Term, reappoint- ment and remunera- tion (2) Members of the Commission shall hold office for a term of one, two or three years as may be determined from time to time by the Lieutenant Governor in Council, may be reappointed and shall be paid such remuneration as is determined by the Lieuten- ant Governor in Council. Commence- ment 69. — (1) This Act, except subsection 40 (2), comes into force on the day it receives Royal Assent. Idem (2) Subsection 40 (2) comes into force on the 1st day of January, 1983. Short title 70. The short title of this Act is the Education Amendment Act, 1982. 3 tn 2. H n ^ O w Ct- C" !> 2-p ^ ^ !=> M « 5" ^ t/^ 5. ^ ^ 2 Uj r\j X2 ;5 S >-t Pi- ?X ^ >3 00 «> c^ '"*' a © CT ei. a. f»4. 3 a. s ores > 3 3 a BILL 46 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Education Act The Hon. B. M. Stephenson Minister of Education and Minister of Colleges and Universities (Reprinted as amended by the Committee of the Whole House) TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes Section 1. — Subsection 1. "band" and "council of the band" are defined in the Act for the first time since reference is now made to them in connection with agreements for the education of Indian pupils. The definition of "credit" has been used for several years in regulations made under the Act and is now being included in the Act for convenience of reference. A definition of "education authority" is required because of the use of this term in the Act. The definition of "Indian" has been removed from subsection 11 (2) of the Act and now appears in the interpretation section. Subsection 2. Paragraph 66 of subsection 1 (1) of the Act now reads as follows: 1. — (1) In this Act and the regulations, except where otherwise provided in the Act or regulations, 66. "teacher" means a person who holds a valid certificate of qualifi- cation as a teacher in an elementary or a secondary school in Ontario. The amendment includes in the definition of teacher a person who holds a letter of standing. Such a person is always intended to be included when a teacher is spoken of in the Act and the regulations. Subsection 3. The provisions of subsection 1 (3) of The Education Act, 1974 were not included in the 1980 revision of the Education Act. Concern has been expressed that repeal of the provisions re-enacted by this section casts doubt upon the continuity of certain school jurisdictions, therefore the subsection is re-enacted retroactively to the coming into force of the Revised Statutes of Ontario, 1980. Section 2. The amendment authorizes the Minister to delegate powers and duties to the Deputy Minister or to any officer in the Ministry of Education and provides that a contract entered into under such delegated authority is bind- ing on the Crown. Section 3. — Subsection 1. Clause 8 (1) {i) of the Act now reads as fol- lows: 8. — (1) The Minister may, (i) grant a letter of standing to a person who is a qualified teacher in a jurisdiction outside Ontario and who holds academic and pro- fessional qualifications equivalent to those required in Ontario at the time of the issuing of the letter of standing. The purpose of the amendment is to permit the Minister to deem pupils of boards on co-operative education or work experience programs to be employees of Ontario to enable them to be eligible for compensation under the Workmen's Compensation Act. The present clause (i) is repealed as the granting of letters of standing is dealt with by the regulations. Subsection 2. Clause 8 (1) (m) of the Act now reads as follows: 8. — (1) The Minister may, (m) suspend or cancel and reinstate any interim, temporary, perma- nent, special or other certificate of qualification or letter of standing. The words being deleted by the amendment are made unnecessary by the new Ontario Teacher's Qualifications Regulation. Subsection 3. Clause 8 (1) (p) of the Act now reads as follows: 8. — (1) The Minister may, (P) provide or approve and review courses for teachers, principals and supervisory officers. The purpose of the amendment is to authorize the Minister to provide or approve courses for attendance counsellors and native counsellors and to grant certificates to such persons. Subsection 4. Clause 8 (1) (r) of the Act now reads as follows: 8. — (1) The Minister may, (r) provide for, and prescribe the conditions of, the granting of scholarships, bursaries and awards to pupils. The amendment authorizes the Minister to provide for and prescribe the conditions of the granting of bursaries to teachers. Subsection S. The amendment clarifies the authority of the Minister to issue guidelines with respect to school closings. Section 4. — Subsection 1. Paragraph 11 of subsection 10 (1) of the Act now reads as follows: 10. — (1) Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations in respect of schools or classes estab- lished under this Act, or any predecessor of this Act, and with respect to all other schools supported in whole or in part by public money, 11. governing the granting, suspending and cancelling of permanent, temporary, interim, special and other certificates of qualifica- tion, and letters of standing. The words being deleted by the amendment are made unnecessary by the new Ontario Teacher's QuaHfications Regulation. Subsection 2. The new paragraph Ha authorizes the making of regula- tions to provide for the issuing of the teacher's qualifications record cards and governing the qualifications that may be recorded thereon. Subsection 3. Paragraph 24 of subsection 10 (1) of the Act now reads as follows: 10. — (1) Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations in respect of schools or classes estab- lished under this Act, or any predecessor of this Act, and with respect to all other schools supported in whole or in part by public money. 24. prescribing the powers, duties and qualifications, and governing the appointment of, teachers, supervisors, directors, supervisory officers, heads of departments , principals, superintendents, bur- sars, matrons, school attendance counsellors and other officials. The purpose of the amendment is to update present terminology. The only bursars in the present system are employed in the Ontario Schools for the Blind and the Ontario Schools for the Deaf and these persons are now called business administrators. The persons formerly known as matrons in the same schools are now referred to as residence counsellors. Subsection 4. Under the powers of a board to provide educational pro- grams and activities, a board may have the power to engage in programs and activities that are, or may be, in competition with the private sector. The new paragraph ?>2> of subsection 10 (1) will enable regulations to be made to regulate and control or, where appropriate, to prohibit a board from engaging in such programs and activities. Subsection 5. Clause 10 (8) (b) of the Act now reads as follows: (8) Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations, (b) prescribing the fee to be paid to the Ministry for duplicates of certificates of qualification and letters of standing. The amendment permits regulations to be made prescribing the fee to be paid for duplicates of Ontario Teacher's Qualifications Record Cards. Section S. — Subsection 1. Subsection 11 (2) of the Act now reads as fol- lows: (2) The Crown in right of Ontario, represented by the Minister, may make agreements with the Crown in right of Canada, represented by the Minister charged with the administration of the Indian Act (Canada), for the admission of pupils, other than Indians as defined in that Act, to schools for Indians operated under that Act. This amendment is complementary to subsection 1 (1) of the Bill. Subsection 2. The new subsection (2a) permits Ontario to enter into an agreement with a band, council of the band or an education authority for the education of non-Indian pupils in schools operated by such band, the council of the band or education authority. Section 6. Clause 12 (6) (g) of the Act now reads as follows: (6) Subject to the approval of the Lieutenant Governor in Council, the Minister may, in addition to his powers under section 10, make regula- tions with respect to schools continued or established under this section. (g) requiring a parent or guardian to deposit a sum of money with the bursar of a school for the purpose of defraying the personal inci- dental expenses of a pupil, and fixing the amount of the deposit. The purpose of the amendment is to refer to the person formerly known as the bursar of an Ontario School for the Blind or an Ontario School for the Deaf as the business administrator. Section 7. Subsection 25 (1) now implies that a warrant is needed to enter a dwelling place to remove therefrom a truant child. The words "without a warrant" are removed from the section as no such warrant exists. Section 8. The amendment permits a judge to require a bond in addition to a fine for neglecting or refusing to cause a child to attend school. The original subsection provides that a bond can be imposed only in lieu of a fine. Section 9. Subsection 30 (1) of the Act now reads as follows: (1) Prosecutions under section 29 shall be instituted by the school atten- dance counsellor concerned and prosecutions under subsection 29 (1) shall be instituted in the Provincial Court (Family Division). The amendment permits prosecutions under subsection 29 (1) to be instituted in the Unified Family Court where such a court has been established. Section 10. This amendment is complementary to the amendment to sec- tion 48 of the Act. (See section 12 of the Bill). Section 11. The purpose of the amendment is to ensure that where a college of applied arts and technology requires a certain course of study as a prerequisite, a student may attend another secondary school other than the one at which he is qualified to be a resident pupil in order to obtain credit for that course where the course is not offered at his own school. Section 12. The new subsection (6) requires boards to charge gross fees to all pupils on student visas except participants in certain educational exchange programs, pupils who enrol prior to the 1st day of July, 1982 and a pupil who is in Canada while his parent or the person who has lawful custody of him is in Canada on a work visa, a diplomatic visa or a ministerial permit. Skction 13. The amendment makes it clear that an area that is deemed a district municipality ceases to be so deemed if it becomes part of a municipality. Section 14. — Subsection 1. The amendment permits the cancellation, reduction or refund of taxes on lands in territory without municipal organization in the same way as by the council of an organized municipality and makes subsection 67 (12) of the Act apply in respect of such territory. Subsection 2. The amendment will permit the establishment of a limita- tion on the increase or decrease, as the case may be, in taxes in territor>' without municipal organization that is deemed a district municipality, or in territory without municipal organization attached to a municipality, where the increase or decrease is caused by re-assessment. Section 15. — Subsection 1. Complementary to the changes set out in subsection (3) of this section of the Bill. Subsection 2. Clause S4 (1) (c) of the Act now reads as follows: 54. — (1) The Lieutetiant Governor in Council may, by regulation, (c) dissolve a board of a school division or school section. The amendment makes it clear that the dissolution of the board of a school section under this section applies only in the case where the school section is to be included in a school division. The present provisions of sections 68 and 70 of the Act apply to other dissolutions. Subsection 3. The amendment simplifies the process for changing the name of a board. Section 16. — Subsection 1. Subsection 59 (23) of the Act now reads as follows: (23) The number of members to be elected in a municipality shall be. elected by a general vote of the public school electors or separate school electors, as the case may be, in the municipality, provided that, where it is determined under this section that the number of members to be elected to the divisional board by the public school electors in a municipality or by the separate school electors in a municipality is two or more, the council of the municipality may, by by-law, divide the municipality into two or more areas and provide for the election of one or more of such members by the public school electors or separate school electors, as the case may be, in each of such areas. The amendment restricts the power of a municipal council to pass a by-law that divides a municipality into areas for the purpose of electing members to a divisional board in a case where the board has so requested. Subsection 2. The requirements in this subsection are now dealt with in subsections 36 (3) and (4) of the Municipal Elections Act. Section 17. This amendment is consistent with the repeal of subsection 59 (34) of the Act (see section 16 of the Bill). Section 18. The amendment permits the making of a regulation to detach a portion from a district school area without adding the portion detached to or forming it into another district school area. Section 19. Subsection 64 (5) is re-enacted to delete the reference to a two year term of office and to relate the term of office to the time of the holding of regular elections, under the Municipal Elections Act. Section 20. — Subsection 1. The amendment to subsection 65 (1) of the Act is necessary to clarify that a first election of a district school area board may take place as set out in subsection 65 (4). Subsection 2 . Subsection 65 (4) of the Act is amended to make it clear that subsection 65 (4) applies to first elections and subsection 64 (5) applies to sub- sequent elections of a district school area board. Subsection 3. This amendment is consistent with the amendment to sec- tion 100 of the Act (see section 33 of the Bill). Section 21. Subsection 66 (1) of the Act now reads as follows: (1) Notwithstanding section 65, before the 1st day of July in an election year, the board of a district school area may, by resolution approved at a meeting of the electors, determine that the board shall conduct the elec- tions in the same manner as for the members of a divisional board of education, except that the members shall be elected by a general vote of the electors of the district school area and for such purposes subsection 53 (1) applies with necessary modifications to the district area board and to the officers of such board. The amendment corrects a reference to a district school area board referred to in subsection 62 (1) of the Act and makes it clear that the electors referred to in the subsection are public school electors. Section 22. The new section 66a permits regulations to be made provid- ing for the nomination of candidates, prescribing the manner of holding an elec- tion, the number of members to be elected and the areas each member is to represent where a district school area is formed under clause 62 (2) (b) of the Act. Section 23. Subsections 68 (1), (2) and (3) of the Act now read as follows: (1) Where the number of public school pupils of compulsory school age residing in a district school area is fewer than ten and the board has ceased to operate a school, the Minister may declare the district school area inactive as of the 31st day of December in any year. (2) When a district school area is declared to be inactive, the board shall liquidate its assets, settle its accounts and have them audited, and forward to the Ministry the audited statement of accounts, the auditor's report and the balance of the funds for deposit in the Consolidated Revenue Fund. (3) If the Minister is satisfied that the board has carried out its duties under subsection (2) he shall dissolve the board and the district school area shall cease to exist as of the date that the district school area was declared inactive under subsection (1). The amendment to subsection 68 (1) makes it clear that it is the "board" that the Minister declares to be inactive in the circumstances described in the subsec- tion and not the "area". The amendments to subsections 68 (2) and (3) are com- plementary thereto. Section 24. Clause 69 (2) (a) of the Act now reads as follows: (2) Where a secondary school district is established under subsection (1), the Lieutenant Governor in Council may make regulations providing for, (a) the formation and composition of a secondary school board. The amendment provides a method for dissolving a board estabhshed under section 69 of the Act. Section 25. The new subsection 74 (8) of the Act clarifies the authority of a divisional board to pay or to continue to pay an allowance to members of an advisory committee on schools for trainable retarded pupils who are not members of the board whether the board continues that committee and establishes a special education advisory committee or decides to expand the advisory committee on schools for trainable retarded pupils in the manner prescribed in subsection 182 (7). Members of a special education advisory committee will not be eligible to receive an allowance other than under subsection 74 (8). Consistent with the amendment to subsection 167 (1) the size of the allow- ance is no longer regulated and is determined by the board in office from time to time. Section 26. The amendment corrects a reference and moves the com- mencement date of a new combined separate school board forward one month to conform with the provisions of the Municipal Elections Act. Section 27. — Subsection 1. The words deleted are redundant since the term of office of members of an urban separate school board are now set out in the Municipal Elections Act. Subsection 2. The new subection 90 (2a) of the Act provides for the term of office of trustees elected at the formation of an urban Roman Catholic separate school board under section 83 of the Act and provides that elections subsequent to those at the time of the formation are to be held under the Municipal Elections Act. Section 28. The amendments are complementary to the amendment to subsection 90 (1) of the Act. (See section 27 of the Bill). Section 29. The amendment makes the wording consistent with that of subclause 2 (a) (iv) of the Municipal Elections Act, thus ensuring that such Act governs the election of trustees of urban separate school boards. Section 30. The clause, as amended, removes an inconsistency with the Municipal Elections Act. A person who becomes eighteen years of age between the date of enumera- tion and polling day may now be enumerated as a separate school elector under this section as if he was eighteen years of age on enumeration day. Heretofore, such a person could be enumerated only as a public school elector or if he was a separate school supporter as a separate school elector. Section 31. Subsections 97 (1) and (3) are re-enacted to remove the ref- erence to a two year term of office and relate the term of office of the trustees to the time of the holding of regular elections under the Municipal Elections Act. Section 32.— Subsection 1. Subclause 98 (1) (a) (ii) of the Act now reads as follows: (a) to appoint the place of each annual school meeting of the supporters of the school, and the time and place of any special meeting for. (ii) the selection of a new school site. The re-enactment changes the purpose of the special meeting from the selec- tion of a new school site to the approval of a site selected by the board for a new school. This allows the original selection to be done by the board but retains the right of the supporters to approve or not approve such selection. It also limits such approval to the selection of the site of a new school rather than to the selection of any school site that includes a site that might be used for a residence, office, parking area, garden or other purpose. Subsection 2. The proposed new subsection re-enacts a provision that was contained in subsection 36 (1) oiThe Separate Schools Act but was omitted in the consolidation of that Act in The Education Act, 1974. The inclusion of this subsection is necessary to make it clear that the approval of the supporters of the site selected for a new school is necessary before the board can proceed to acquire the site. This amendment is complementary to section 48 of the Bill. Section 33. The purpose of the amendment is to clarify the voting proce- dures at the election of a rural separate school board. Section 34. Subsection 103 (1) is re-enacted to clarify the election proce- dures and the number of trustees to be elected where a new combined Roman Catholic separate school zone is formed or an existing combined Roman Catholic separate school zone is altered in either an election year or an off election year. Section 35 . Subsections 111 (2) and (3) of the Act now read as follows: (2) A county combined separate school board that has jurisdiction in an area that includes two or more counties, or one county and a defined city is a corporation by the name of "The County Roman Catholic Separate School Board" (inserting the names of the counties, the name of the city and of the county or a name selected by the board and approved by the Minister). (3) A district combined separate school board that has jurisdiction in the territorial districts is a corporation by the name of "The Roman Catholic Separate School Board" (inserting the name of the area designated by the regulations). The amendment makes the wording of subsection 111 (3) of the Act consis- tent with the wording of subsection 111 (2) of the Act. Section 36. — Subsection 1. The amendment permits the cancellation, reduction or refund of taxes on lands in territory without municipal organization in the same way as may be done by the council of an organized municipality and makes subsection 67 (12) apply in respect of such territory. Complementary to the amendment to subsection 53 (1) of the Act (see section 14 of the Bill). Subsection 2. The amendment will permit the establishment of a limita- tion on the increase or decrease, as the case may be, in taxes in territory without municipal organization that is deemed a district municipality under subsection (1), where the increase or decrease is caused by re-assessment. Section 37. Subsection 113 (19) of the Act now reads as follows: (19) The number of trustees of a county or district combined separate school board to be elected in a municipality shall be elected by a general vote of the separate school electors of such board in the municipality, provided that, where the number of trustees to be elected to the board by the separate school electors in the municipality is two or more, the council of the municipality may, by by-law, divide the municipality into two or more areas and provide for the election of one or more of such trustees by the separate school electors in each of such areas. The amendment restricts the power of a municipal council to pass a by-law that divides a municipality into areas for the purpose of electing members to a county or district combined separate school board in a case where the board has so requested. Section 38. This repeal is consistent with the repeal of subsection 59 (34) of the Act (see section 16 of the Bill). Section 39. The amendment makes it clear that a board is required to carry out those duties imposed upon it by the Minister under section 8 of the Act. Section 40. — Subsection 1. The amendment makes it clear that a board may appoint persons who are not members of the board to certain committees. Subsection 2. Complementary to the amendment to subsection 8 (1) of the Act. (see subsection 3 (5) of the Bill). Section 41. This amendment is complementar>- to the amendment to subsection 167 (1) of the Act (see section 47 of the Bill). The amount of an allowance, if any, payable to a member of an advisory committee for a vocational course is no longer related to the amount determined under subsection 167(1) but may be determined from time to time by the board in office. Section 42. The amendment ensures that when a sick leave gratuity is paid, the number of days used to calculate the amount of the gratuity are written off and not available for transfer or reinstatement under subsection 158 (2) of the Act. Section 43. Section 164 of the Act now reads as follows: 164. A board may enter into an agreement with the Crown in right of Canada for such periods and under such conditions as are specified in the agreement whereby the board may provide for the education of pupils who reside on land held by the Crown in right of Canada in a school or schools operated by the board on land owned by the board or by the Crown in right of Canada. The amendment makes it clear that the school in which instruction is pro- vided under this section may be on an Indian reserve. Section 44. — Subsection 1. Subsection 165 (1) of the Act now reads as follows: (1) A board may enter into an agreement with the Crown in right of Canada for a period specified in the agreement to provide accommodation and tuition for the maximum number of Indian pupils agreed upon, and the fees therefor shall be calculated in accordance with the regulations. Subsection 165 (1) is re-enacted to add permission for a board to make an agreement with a band, the council of the band or education authority where such band, the council of the band or education authority has been authorized by Canada to provide education for Indians. The new subsection (la) adds a new authority permitting a board to enter into an agreement to provide instruction and services on an Indian reserve. Subsection 2. Subsection 165 (4) of the Act now reads as follows: (4) Where a board has entered into one or more agreements under this section, the council of the Indian band, or the councils of the Indian bands, to which the Indian pupils, or a majority of the Indian pupils, who are, pursuant to the agreement or agreements, enrolled in the schools operated by the board, belong, may, subject to subsection (5), name one person to represent on the board the interests of the Indian pupils and, where a person is so named, the board shall, subject to subsection (6), appoint the person a member of the board, and the member so appointed shall be deemed to be an elected member of the board, except that, (a) where the agreement or agreements under this section are in respect of secondary school pupils only, the member so appointed is a trustee for secondary school purposes only and shall not vote on a motion or otherwise take part in any proceedings that affect public schools exclusively; and (b) where the agreement or agreements under this section are in respect of elementary school pupils only, the member so appointed is a trustee for elementary school purposes only and shall not vote on a motion or otherwise take part in any proceed- ings that affect secondary schools exclusively. The deletion of the word "Indian" is consistent with the amendments in section 1 of the Bill. Subsection 3. Subsection 165 (5) of the Act now reads as follows: (5) Where the number of Indian pupils enrolled in the schools under the jurisdiction of a divisional board or a county or district combined sepa- rate school board pursuant to one or more agreements made under this section exceeds 25 per cent of the average daily enrolment in the schools of the board, two persons may be named under subsection (4), and subsection (4) applies with necessary modifications in respect of such persons. The amendment permits a second Indian representative to be appointed to a district school area board and to a rural separate school board where the number of Indian pupils enrolled exceeds 25 per cent of the average daily enrolment of the board. Subsection 4. The new subsection (6a) provides for the counting of Indians enrolled in schools on a reserve where a board provides the instruction, when determining Indian representation on a board. Section 45. The new section 165a enables school boards to provide basic education programs for adults by agreements with colleges of applied arts and technology. Such programs may be in lieu of or in addition to those provided directly by boards. Section 46. — Subsections 1 and 2. Subsection 166 (1) of the Act now reads as follows: (1) A board may provide for, (a) a resident pupil of the board who is enrolled in a school that the board operates or in a school operated by another board to which the board pays fees in respect of such pupil; (b) a pupil in respect of whom the Minister pays the cost of educa- tion under the regulations; and (c) a child over two years of age who may, under the regulations, be admitted to a program for hearing-handicapped children, transportation to and from the school that the pupil attends and to and from an activity that is part of the program of such school. The amendment to subsection 166 (1) and the enactment of subsection 166 (la) has the effect of removing any doubt that a board may transport each of the pupils enrolled in its schools to and from an activity that is part of the program in the schools. It also enables a board that provides transportation of pupils to and from an activity to claim a grant in respect of the costs of such transportation regardless of the fact that some of those pupils may be enrolled in the schools of the board under an agreement with another board for their education under which fees are paid. Subsection 3. The amendment makes provision for reimbursement of a parent for the cost of board, lodging and transportation where a pupil resides in a residence in a regional municipality, except The Regional Municipality of Sud- bury, that is forty-eight kilometres or more from the school that he attends. Section 47. Commencing with school boards elected in the year 1982 school board members and trustees and chairmen may receive an allowance as determined by the outgoing board. The allowances shall be determined for and be effective in the period the members of the new board are in office but may be decreased by the new board. Where a board that is to be replaced at the regular election does not fix a new allowance, the existing allowances payable to members and chairman of the board shall continue until they are altered under the provisions of this section. A newly formed board may determine its own first allowance. Section 48. — Subsection 1. Subsection 171 (1) of the Act now reads as follows: (1) Subject to the provisions of Part IV as to the selection of a site by a rural separate school board, every board may acquire, by purchase or lease, or may expropriate, a school site that is within its area of pirisdiction. This amendment is complementary to the amendments to section 98 of the Act (see section 2>2 of the Bill) and clarifies the provisions to which this subsection is subject. Subsection 2. This is consistent with the amendment to section 173 of the Act as set out in section 49 of the Bill. Section 49. — Subsection 1. Subsections 173 (1) and (2) are rewritten for clarification. Lands acquired for a natural science program are a school site as defined in paragraph 53 of subsection 1 (1) of the Act. Section 171 authorizes school boards to acquire school sites without approval of the Minister where the sites are within the areas of jurisdiction of boards but requires approval of the Minister where a school site is situate outside the jurisdiction. As previously written, subsections 173 (1) and (2) appeared to be at variance with the concepts in section 171 where the land for a natural science program was situate outside the area of jurisdiction of the acquiring board. The new subsection (1) will permit the requirements of section 1 7 1 to prevail where the school site is acquired for natural science programs under that section subject to the requirement of approval where construction of facilities is required. The new subsection (la) ensures that there is no interference with the constitutional rights of separate school boards. The new subsection (lb) extends the authority provided in section 171 for boards to acquire a school site outside their area of jurisdiction where it is for the purpose of a natural science program but such authority is made subject to the approval of the Minister as to the acquisition and in respect of the construction of facihties. Subsection (2) clarifies the previous authority of boards to share existing lands and facilities for conducting a natural science program and makes the principle of Ministerial approval apply where lands for such purpose are acquired outside the areas of jurisdiction of the boards who enter the agreement. Approval of the sharing agreement is required as is approval for construction. Subsection 2. The amendment to subsection 173 (3) of the Act is com- plementary to the changes in subsections (1) (la), (lb) and (2). Section SO. This amendment is complementary to the amendment to subsection 74 (8) of the Act (see section 25 of the Bill). Section 51. The subsection is revised to maiie clear that meetings of a board are always open to the public and that meetings of a committee, including a committee o"f the whole board, may be closed to the public only at such times when the subject-matter being discussed comes within one or more of the subject areas set out in the new subsection (la). Section 52. The declaration is amended to make it consistent with the declaration that is required to be given under the Municipal Act. Section 53. The amendment makes it clear that the fact that a person is not entitled to vote at the election of a member of the board to be elected from a particular municipality or locality or combination thereof in the area of jurisdic- tion of the board does not disqualify the person to be elected as a member of the board in such municipality, locality or combination thereof. Section 54. Clause 198 (2) (b) of the Act now reads as follows: (2) Subject to section 202, where, in respect of a board of education, the office of a member elected by separate school electors becomes vacant from any cause before the expiration of the term for which he was elected, and, (b) there are no remaining members elected by separate school elec- tors or the remaining members elected by separate school electors are not a majority of the members elected by separate school electors, the vacancy shall be filled by appointment by the board of the separate school zone that had the highest average daily enrolment for the preceding year of pupils below the third year of the Intermediate Division who resided in the school division, as certified by the appropriate supervisory officer, The amendment implements current policy of the Ministry in respect of terminology for designating grade levels. Section 55. Under the Municipal Elections Act no by-election can be conducted to fill a vacancy after the 31st day of March in an election year. The new provision is similar to that in sub.section 48 (2) of the Municipal Act and is necessary because no other provision exists under which a board could continue to operate because the number of members remaining in office is less than a quorum. Section 56. Subsection 207 (1) of the Act now reads as follows: (1) Every board shall appoint an auditor who shall be a person licensed by the Ministry of Intergovernmental Affairs as a municipal auditor and who shall hold office during good behaviour and be removable for cause upon the vote of two-thirds of the members of the board. The amendment excludes a board established on tax-exempt land from the requirement that its auditor be licensed as a municipal auditor under the Munici- pal Affairs Act. The amendment also removes the requirement of a vote of two-thirds of the members of a board to remove an auditor, thus making the subsection consistent with the provisions of the Municipal Act. Section 57. Subsection 216 (2) of the Act now reads as follows: (2) The council of a municipality shall annually account for all moneys collected for school purposes, and any sum collected in excess of the amount required by a board to be raised by the municipality for such purposes shall, except where otherwise provided in the Act under which the sum is collected, be retained by the municipality and applied to reduce the amount that the municipality is required by such board to raise for such purposes in the year next following. The purpose of the amendment is to make it clear that subsection 167 (2) of the Municipal Act does not apply to any moneys collected by a municipality for school purposes that are surplus to the requirements of the school board for which it was collected. The result of this amendment is to make subsection 216 (2) consistent with subsection 34 (3) of the Assessment Act, which section requires that taxes collected from assessment omitted from the roll by error and subsequently picked up, or from supplementary or new assessment that is subsequently added to the roll, are to be turned over to the board by the year end. The amendment also requires the municipality to hold for school purposes for the following year any moneys col- lected in excess of the amount required by the board. Section 58. The amendment makes it clear that a person teaching on a letter of permission is required to perform the same duties as a qualified teacher. Section 59. The amendment requires the chief executive officer of a board to submit an annual report to the board and to the Minister. Section 60. The amendment gives provincial supervisory officers access to schools and board records, where the Minister so requires. Section 61. Subsection 258 (2) of the Act now reads as follows: (2) Where, after the first school day in September and on or before the 1st day of April next following, written evidence is presented to a board referred to in subsection (1) that a number of French-speaking pupils resident in the school section or separate school zone have elected to be taught in the French language, the board shall forthwith determine whether French-speaking pupils can be assembled for this purpose in one or more classes or groups of twenty-five or more and, where the board determines that such pupils can be so assembled, it shall provide for the use of the French language in instruction in such classes or groups commencing on the first school day of the following school year. The purpose of the amendment is to include the first school day in September in the time period referred to. Section 62. Subsection 261 (2) of the Act now reads as follows: (2) Where, after the first school day in September and on or before the 1st day of April next following, written evidence is presented to a board that a number of French-speaking pupils resident in the secondary school district have elected to be taught in the French language, the board shall forthwith determine whether French-speaking pupils can be assembled for this purpose in one or more classes or groups of twenty or more and, where the board determines that such pupils can be so assembled, it shall provide for the use of the French language in instruction in such classes or groups commencing on the first school day in the following school year. The purpose of the amendment is to include the first school day in September in the time period referred to. Section 63. — Subsection 1. The amendment makes an elected member of a language advisory committee subject to the same disqualifications as a member of the board. Subsection 2. Subsection 262 (4) of the Act now reads as follows: (4) A member of a committee shall hold office during the term of the mem- bers of the board and until a new board is organized. The amendment extends the term of office of a member of a French- language advisory committee until his successor is appointed or elected. Section 64. The new subsection (2) requires the new board to make its appointments to the committee by the date of the election referred to in subsection (1). Section 65. The amendment provides for the orderly resignations of the elected members of a language advisory committee and ensures that the number of members of the committee shall never be less than a quorum. Section 66. The subsection is re-enacted to clarify the circumstances in which members of a French-language advisory committee shall receive an allow- ance and removes the regulation of the amount of such allowance consistent with the principle that the allowance should be determined by the board in office from time to time. Section 67. The subsection as re-enacted permits members to be appointed for a term of one, two or three years as determined by the Lieutenant Governor in Council. The purpose of the amendment is to permit flexibility and continuity in the making of appointments by staggering the terms of office of the members. Subsection 275 (2) of the Act now reads as follows: (2) Members of the Commission shall hold office for a term of three years, may be reappointed, and shall be paid such remuneration as may be determined by the Lieutenant Governor in Council. BILL 46 1982 An Act to amend the Education Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) Subsection 1 (1) of the Education Act, being chapter 129 of ^'^^^^'h the Revised Statutes of Ontario, 1980, is amended by adding thereto the following paragraphs: 2a. "band" and "council of the band" have the same meaning as in the Indian Act (Canada); R.s.c. 1970, c. 1-6 10a. "credit" means recognition granted to a pupil by a principal a.s prima facie evidence that the pupil has successfully completed a quantity of work that, i. has been specified by the principal in accord- ance with the requirements of the Minister, and ii. is acceptable to the Minister as partial fulfil- ment of the requirements for the Secondary School Graduation Diploma or the Secondary School Honour Graduation Diploma, as the case may be; 19a. "education authority" means a corporation that is incorporated by two or more bands or councils of bands for the purpose of providing for the educational needs of the members of such bands; R.S.C. 1970, c. 1-6 23a. "Indian" has the same meaning as in the Indian Act (Canada). s. 1 (1), par. 66, amended (2) Paragraph 66 of the said subsection 1 (1) is amended by inserting after "qualification" in the second Hne "or a letter of standing". s. 1, amended (3) Section 1 of the said Act is amended by adding thereto the following subsection: Existing school arrangements continued (5) Until altered under the authority of this or any other Act, all school jurisdictions and boards, including the names of the boards, as they existed on the 31st day of July, 1981, are con- tinued subject to the provisions of this Act. "^^^ S. 2, amended 2. Section, 2 of the said Act is amended by adding thereto the follow- ing subsections: Delegation of powers and duties (4) The Minister may in writing authorize the Deputy Minis- ter or any other officer or employee in the Ministry to exercise any power or perform any duty that is granted to or vested in the Minister under this or any other Act. Limitations (S) The Minister may in writing limit an authorization made under subsection (4) in such manner as he considers advisable. Application of R.S.O. 1980, c. 147, s. 6 (6) Section 6 of the Executive Council Act does not apply to a deed or contract that is executed under an authorization made under subsection (4). s. 8 (1) (i), re-enacted 3. — (1) Clause 8 (1) (z) of the said Act is repealed and the following substituted therefor: Application of R.S.O. 1980, c. 539 (0 prescribe the conditions under which and the terms upon which pupils of boards shall be deemed to be employees for the purpose of coverage under the Workmen's Compensation Act, deem pupils to be employees for such purpose and require a board to reimburse Ontario for payments made by Ontario under that Act in respect of a pupil of the board deemed to be an employee of Ontario by the Minister. s. 8 (1) (m), amended (2) Clause 8 (1) (m) of the said Act is amended by striking out "interim, temporary, permanent, special or other" in the first and second lines. s. 8(1)(/.), amended (3) Clause 8 (1) {p) of the said Act is amended by striking out "and supervisory officers" in the second line and inserting in lieu thereof "supervisory officers, attendance counsellors and native counsellors and grant certificates in respect of the suc- cessful completion of such courses". (4) Clause 8 (1) (r) of the said Act is amended by adding at the ^ » (D (r), 11 r ci 1 1 ■ r 1 • 1 ,, amended end thereof and the grantmg of bursaries to t-eachers . (5) Subsection 8 (1) of the said Act is amended by adding thereto ^ ^ (i)- the following clause: (2) in respect of schools under the jurisdiction of a board, issue guidelines respecting the closing of schools and require that boards develop policies therefrom with respect to procedures to be followed prior to the closing of a school by decision of the board. 1H -(1) Paragraph 11 of subsection 10 (1) of the said Act is amended * lo*')' 1 .1 . ,r • • -11 P^f- 11' by strikmg out permanent, temporary, mterim, special and amended other" in the second line. (2) The said subsection 10 (1) is amended by adding thereto the ^ 10 (i)- - ,, . , -^ ° amended lollowmg paragraph: 11a. providing for the issuing of teacher's qualifications ^'^'^'^'^*^'^'* record cards and governing the professional qualifica- fications tions that may be recorded on such record cards. ''^'^'"^'^ ^^'^^^ (3) Paragraph 24 of the said subsection 10 (1) is amended by ^ J^j^' striking out "bursars, matrons" in the fourth line and insert- amended ing in lieu thereof "residence counsellors". (4) The said subsection 10 (1) is further amended by adding*- ^^^K thereto the following paragraph: 33. Notwithstanding paragraph 26 of subsection 150 (1), ""^^p^''^'"" prohibiting or regulating and controlling any program private or activity of a board that is or may be in competition ^^'^^°'^ with any business or occupation in the private sector and providing that such regulations have general appli- cation or application to a particular board. (5) Clause 10 (8) (b) of the said Act is amended by striking out '^^^°^5k/^' "and letters of standing" in the second and third lines and inserting in lieu thereof "letters of standing and Ontario Teacher's Qualifications Record Cards". 5. — (1) Subsection 11 (2) of the said Act is amended by striking out lJ}J^};^ "as defined in that Act" in the fifth line. amended (2) Section 11 of the said Act is amended by adding thereto the aJgn^ed following subsection: (2a) The Crown in right of Ontario, represented by the Non-indian ,,. . . -1 1 1 I -1 pupils at Minister, may enter into an agreement with a band, the council Indian schools s. 12 (6) (g), amended of the band or an education authority where such band, council of the band or education authority is authorized by the Crown in right of Canada to provide education for Indians, for the admis- sion of pupils who are not Indians to a school operated by the band, council of the band or education authority. Clause 12 (6) (g) of the said Act is amended by striking out "bur- sar" in the second line and inserting in lieu thereof "business administrator". s. 25 (1), amended s. 29 (2), amended s. 30(1), amended s. 31 (2), amended s. 40(l)(c), amended amended Fees for pupils 1976-77, c. 52 (Can.) 7. Subsection 25 (1) of the said Act is amended by striking out "with- out a warrant" in the eighth line. 8. Subsection 29 (2) of the said Act is amended by inserting after "may" in the first line "in addition to or". 9. Subsection 30 (1) of the said Act is amended by adding at the end thereof "or the Unified Family Court". 10. Subsection 31 (2) of the said Act is amended by inserting after "Part" in the first line "except subsection 48 (6)". 11. Clause 40 (1) (c) of the said Act is amended by inserting after "course" in the seventh line "or college of applied arts and technology". 12. Section 48 of the said Act is amended by adding thereto the fol- lowing subsection: (6) Notwithstanding any other provision of this Act, where a board admits to a school that it operates, a person who is in Canada as a visitor or as a student under the Immigration Act, 1976 (Canada), except, (a) a participant in an educational exchange program under which a pupil of the board attends without fee a school outside Canada; (6) a pupil who enrolls in an elementary school or a secon- dary school prior to the 1st day of July, 1982; or (c) a person who is in Canada while his parent or the person who has lawful custody of him is in Canada on a work visa, a diplomatic visa or a ministerial permit, the board shall charge the person the maximum fee calculated in accordance with the regulations. s. 52 (3), amended 13. Subsection 52 (3) of the said Act is amended by adding at the end thereof "unless and until it becomes or is included in a munici- pality". 14. — (1) Subsection 53 (1) of the said Act is amended by inserting after s. S3 (d, "collecting" in the seventh line "cancelling, reducing or refunding" and by striking out "11" in the thirteenth line and inserting in lieu thereof "12". (2) Section 53 of the said Act is amended by adding thereto the s S3, . ,, . , , . amended following subsection: (2a) Section 362 of the Municipal Act applies to territory with- Application of out municipal organization that is deemed a district municipality c. 302, s. 362 under this Act, and the divisional board has the powers of a municipal council under the said section 362 in respect of any such territory that is not attached to a municipality for school purposes, and the council of the municipality to which any such territory is attached for public school purposes and for secondary school purposes under subsection (2) has the powers of a munici- pal council under the said section 362 in respect of the territory so attached. 15.— (1) Clause 54 (1) (b) of the said Act is repealed. s. S4 (i) (ft), repealed (2) Clause 54 (1) (c) of the said Act is amended by striking out s. S4 (i) (c), "school section" in the first and second lines and inserting in lieu thereof "of a school section that is included in a school division". (3) Subsection 54 (6) of the said Act is amended by striking out « 54 (6), ^^ (inserting the name assigned by the regulations)" in the seventh and eighth lines and inserting in lieu thereof ^^ (inserting the name selected by the board and approved by the Minister)". 16. — (1) Subsection 59 (23) of the said Act is amended by inserting s. 59(23), after "may" in the eighth line "where so requested by the divisional board". (2) Subsection 59 (34) of the said Act is repealed. s. S9(34), repealed 17. Subsection 61 (2) of the said Act is repealed and the following s. 6i(2), substituted therefor: (2) Subsection 59 (32) applies with necessary modifications to Qualifications the nomination and election of candidates for members of a of candidates board of education. 1 8. Subsection 62 (2) of the said Act is amended by striking out "or" at »• 62 (2), the end of clause (c), by adding "or" at the end of clause (d), and by adding thereto the following clause: (e) detach a portion thereof from a district school area. 64(5), 19. Subsection 64 (5) of the said Act is repealed and the following -pnartpH . . substituted therefor: re-enacted Election (5) The election of members of the board of a district school term of office area that is not an improvement district shall be held in each year R.s.o. 1980, in which a regular election is held under the Municipal Elections '^' ^°^ Act and the members shall hold office until the next regular election is held under that Act and their successors are elected under this Act and the new board is organized except that, (a) where a new district school area is formed to take effect on the 1st day of January in a year that is not a year of a regular election under the Municipal Elections Act, the first members of such board shall be elected in the year preceding such 1st day of January and shall hold office until the next regular election is held under the Munici- pal Elections Act and their successors are elected under this Act and the new board is organized; or (b) where the boundaries of a district school area are altered to take effect on the 1st day of January in a year that is not a year in which a regular election is held under the Municipal Elections Act, a new district school area board shall be elected in the year preceding such 1st day of January and the members so elected shall hold office until the next regular election is held under the Municipal Elections Act and their successors are elected under this Act and the new board is organized. s- 65 (1), 20. — (1) Subsection 65 (1) of the said Act is amended by inserting after "66" in the first line "and subject to subsection (4),". * 65 (4), (2) Subsection 65 (4) of the said Act is repealed and the following substituted therefor: ^'■^^^ (4) Notwithstanding subsection 64 (5), the first meeting for the election of a board of a district school area formed or altered under subsection 62 (2) shall be held at a time and place named by a person, designated by the Minister, who shall make the necessary arrangements for the meeting and the persons so elected shall hold office until the date the next regular election is R.s.o. 1980, held under the Municipal Elections Act and their successors are c 308 elected under this Act and the new board is organized. 5 65 (8), (3) Subsection 65 (8) of the said Act is amended by inserting after ^"'^" ' "(9)" in the first line "(10a)". s. 66 (1), 21. Subsection 66 (1) of the said Act is amended by, 7 (a) inserting after "the" in the third line "public school"; (b) inserting after "the" where it occurs the first time in the seventh line "public school"; and (c) inserting after "district" in the ninth line "school". 22. The said Act is amended by adding thereto the following section, s. 660, enacted 66a. — (1) Notwithstanding subsections 65 (3) and (8) and sec- Elections tion 66, where a district school area is formed under clause 62 (2) (b), the Lieutenant Governor in Council may make regulations, (a) determining the number of members to be elected to the board of the district school area; ib) determining the areas each member referred to in clause (a) shall represent; (c) providing for the nomination of candidates to be elected; and (d) prescribing the manner in which the election of the members shall be conducted, and the election of the members shall be in accordance with such regulations. (2) No election under this section is invalid by reason of non- Validity compliance with the provisions of the regulations made under ^ ^^^ '°" subsection (1) or by reason of any mistake or irregularity if it appears that the election was conducted in accordance with the principles laid down in the regulations and that the non-com- pliance, mistake or irregularity did not affect the result of the election. 23. — (1) Subsection 68 (1) of the said Act is amended by inserting after * ^8 (i), "area" in the fourth line "board". (2) Subsection 68 (2) of the said Act is amended by inserting after *• 68 (2), "area" in the first line "board". ^'"^" (3) Subsection 68 (3) of the said Act is amended by inserting after s- 68 (3), "area" in the fourth line "board". ^'"^^ 24. Clause 69 (2) (a) of the said Act is amended by adding at the end s. 69 (2)(a), thereof "and for the dissolution thereof. ^'"^" ^ 25. Subsection 74 (8) of the said Act is repealed and the following s. 74(8), substituted therefor: re-enacted 8 Allowance (8) The divisional board may pay an allowance to each member of the committee who is not a member of the divisional board and where the divisional board satisfies the requirements for a special education advisory committee under subsection 182 (7), the board may pay an allowance to each member of the special education advisory committee who is a member of the advisory committee on schools for trainable retarded pupils. s. 87 (1), amended 26. Subsection 87 (1) of the said Act is amended by striking out "1st day of January of the following year" in the fifteenth line and inserting in lieu thereof "1st day of December of the same year". s. 90 (1), amended 27. — (1) Subsection 90 (1) of the said Act is amended by striking out "for a term of two years" in the third line. s. 90, amended Term of office of first trustees R.S.O. 1980, c. 308 (2) Section 90 of the said Act is amended by adding thereto the following subsection: {2a) The trustees who are elected at the first election of an urban separate school board shall hold office until the next regu- lar election is held under the Municipal Elections Act and their successors are elected and the new board is organized and sec- tions 93, 94, 95 and 96 apply with necessary modifications to the elections of trustees of the urban separate school board held after the first elections of trustees. s. 91 (1), amended 28. — (1) Subsection 91 (1) of the said Act is amended by striking out "for a term of two years" in the fourth line. s. 91 (2), amended (2) Subsection 91 (2) of the said Act is amended by striking out "for a term of two years" in the fourth line. s. 93 (1), amended 29. Subsection 93 (1) of the said Act is amended by striking out "in the same manner as municipal elections" in the second and third lines and inserting in lieu thereof "by the same officers and in the same manner as elections of members of the council of a municipality". s. 95 (b), re-enacted 30. Clause 95 (b) of the said Act is repealed and the following substi- tuted therefor: (b) has attained the age of eighteen years or on or before polling day will attain the age of eighteen years; and s. 97 (1), re-enacted 3 1 . — (1) Subsection 97 (1) of the said Act is repealed and the following substituted therefor: Trustees term of office R.S.O. 1980, c. 308 (1) The board of a rural separate school shall consist of three trustees who, subject to subsection (3), shall be elected in each year in which a regular election is held under the Municipal Elec- tions Act and shall hold office until the date the next regular election is held under that Act and their successors are elected under this Act and the new board is organized. (2) Subsection 97 (3) of the said Act is repealed and the following s. 97 (3), substituted therefor: (3) Where the first election of a newly established rural sepa- ^^^"^ rate school board is held in a year in which no regular election is held under the Municipal Elections Act, the trustees so elected R so. i98o shall hold office until the date upon which the next regular elec- ^' tion is held under that Act and their successors are elected under this Act and the new board is organized. 32.— (1) Subclause 98 (1) (a) (ii) of the said Act is repealed and the ^..^98 (i) (a), following substituted therefor: re-enacted (ii) the approval of a site selected by the board for a new school. (2) Section 98 of the said Act is amended by adding thereto the ^ 98, CM- 1 , • amended lollowing subsection: (3) No site for a new school shall be acquired by a rural sepa- Approval rate school board without approval of the site by the majority of school site the supporters of the rural separate school who are present at an annual or a special meeting of the board. 33. Section 100 of the said Act is amended by adding thereto the *• loO; , J. ,, . , . ^ o amended loUowmg subsection: (10a) A voter is entitled to as many votes as there are trustees Number i 1 1 J 1 1 • 1 01 votes to be elected, but may not give more than one vote to any one candidate. 34. Subsection 103 (1) of the said Act is repealed and the following s. io3 (i), u i'i. i. J iL r re-enacted substituted therefor: (1) Where a combined separate school zone is formed or where Trustees another separate school zone is added to or detached from a combined separate school zone, the trustees in office shall retire on the 1st day of December following the election of trustees of the combined separate school zone and, subject to the number of trustees being determined under subsection (5), five trustees shall be elected by the supporters of the newly-created or altered com- bined separate school zone, (a) as provided in section 100, where the combined sepa- rate school zone is formed, or where another separate school zone is added to or detached from a combined separate school zone in the year next following the year 10 R.S.O. 1980, c. 308 in which a regular election was held under the Munici- pal Elections Act, in which case the provisions of sec- tion 97 apply; or (b) as provided in section 93, where the combined separate school zone is formed or where another separate school zone is added to or detached from a combined separate school zone in the year in which a regular election is to be held under the Municipal Elections Act. s. Ill (3), amended 35. Subsection 111 (3) of the said Act is amended by striking out "The Roman Catholic Separate School Board" in the third and fourth lines and inserting in lieu thereof "The District Roman Catholic Separate School Board". s. 112 (2), amended 36. — (1) Subsection 112 (2) of the said Act is amended by inserting after "collecting" in the sixth line "cancelling, reducing or refunding" and by striking out "11" in the twelfth line and inserting in lieu thereof "12". s. 112, amended (2) Section 112 of the said Act is amended by adding thereto the following subsection: Application of R.S.O. 1980, c. 302, s. 362 (2a) Section 362 of the Municipal Act applies to territory with- out municipal organization that is deemed a district municipality under subsection (1), and the district combined separate school board has the powers of a municipal council under the said sec- tion 362 in respect of any such territory. s. 113 (19), amended 37. Subsection 113 (19) of the said Act is amended by inserting after "may" in the seventh line "where so requested by the board". s. lis (3), repealed 38. Subsection 115 (3) of the said Act is repealed. s. 149, amended 39. Section 149 of the said Act is amended by adding thereto the following paragraph: requirements 18. do anything that a board is required by the Minister to do under subsection 8 (1). s. 150(1), par. 1, re-enacted 40. — (1) Paragraph 1 of subsection ISO (1) of the said Act is repealed and the following substituted therefor: 1. establish committees composed of members of the board to make recommendations to the board in respect of education, finance, personnel and property; 11 la. establish committees that may include persons who are 'dem not members of the board in respect of matters other than those referred to in paragraph 1. (2) Paragraph 6 of the said subsection ISO (1) is amended by s iso (i), adding at the end thereof "and close schools in accordance amended with policies established by the board from guidelines issued by the Minister". 41. Subsection 153 (2) of the said Act is repealed and the following ^ iS3 (2) . re-enacted substituted therefor: (2) A secondary school board may pay to each person Allowance appointed under subsection (1) who is not a member of the board such allowance as the board may determine for each month for which he is appointed. 42. Section 158 of the said Act is amended by adding thereto the * i^^i , . . amended followmg subsection: (la) Where a sick leave gratuity is paid upon termination of ^em employment, the number of days used to calculate the amount of the gratuity ceases to stand to the credit of the employee and is not available for transfer or reinstatement of credits under sub- section (2). 43. Section 164 of the said Act is amended by inserting after "or" in the * i64, ,,.,,,,,„ amended seventh line held . 44. — (1) Subsection 165 (1) of the said Act is repealed and the follow- » i65 (d ing substituted therefor: (1) A board may enter into an agreement with, Agreements re education of Indian (a) the Crown in right of Canada; or pup'is (b) a band or the council of the band or an education authority where such band, the council of the band or education authority is authorized by the Crown in right of Canada to provide education for Indians, to provide for Indian pupils, for the period specified in the agreement, accommodation, instruction and special services in the schools of the board, and such agreement shall provide for the payment by the Crown in right of Canada, the band, the council of the band or the education authority, as the case may be, of fees calculated in accordance with the regulation govern- ing the fees payable by Canada. Agreements (la) A board may enter into an agreement with, [n Indian*^'"" schools 12 s. 165 (4), amended (a) the Crown in right of Canada; or (b) a band, the council of the band or an education author- ity referred to in clause (1) (b), to provide for Indian pupils, for the period specified in the agreement, instruction and special services in schools provided by the Crown in right of Canada, the band, the council of the band or the education authority, as the case may be, and such agreement shall provide for the payment by the Crown in right of Canada, the band, the council of the band or the education authority, as the case may be, of the full cost of the provision of the instruction and special services. (2) Subsection 165 (4) of the said Act is amended by, (a) striking out "Indian" in the second line and where it occurs the first time in the third line; and (6) inserting after "board" in the fifth line "or in the schools in which the board provides all the instruction". s. 165 (5), amended (3) Subsection 165 (5) of the said Act is amended by striking out "divisional board or a county or district combined separate school" in the second and third lines. s. 165, amended (4) Section 165 of the said Act is amended by adding thereto the following subsection: When Indian school enrolment included (6a) For the purpose of determining the number of Indian pupils enrolled in the schools under the jurisdiction of a board referred to in subsection (5) or (6), the number of Indian pupils in Indian schools in which the board provides all the instruction shall be included. s. 16So, enacted 45. The said Act is further amended by adding thereto the following section: Interpre- tation 165a. — (1) In this section "adult basic education" means pro- grams and courses that are designed to develop and improve the basic literacy and numeracy skills of adults. Agreements for adult basic education (2) Subject to the approval of the Minister, a board may, in respect of persons who reside in the area of jurisdiction of the board, enter into an agreement in writing with a college of applied arts and technology for the area in which the board has jurisdiction under which the college of applied arts and tech- nology provides for the board such adult basic education as is specified in the agreement. 13 46. — (1) Subsection 166 (1) of the said Act is amended by striking out ^ i66 (i), • • 1 • r 1 amended and to and from an activity that is part of the program of such school" in the twelfth and thirteenth lines. (2) Section 166 of the said Act is amended by adding thereto the * i^^, r ^^ ■ , , . amended loUowing subsection: (la) A board may provide for a pupil who is enrolled in a ^^*^™ school that the board operates, transportation to and from an activity that is part of the program of such school. (3) Clause 166 (9) (b) of the said Act is amended by inserting after s. i66 (9) (b), "county" in the first line "or a regional municipality that is not in a territorial district". 47. Subsections 167 (1) and (2) of the said Act are repealed and the s ^67 (i, 2), following substituted therefor: (1) Subject to subsections (la), (Ic) and (2) a board may pay to Allowance each member of the board an allowance in such amount that is ""^ '"^"^ ^^^ determined by the board to be payable to the members thereof and may pay to the chairman an amount determined by the board that is in addition to the allowance payable to the chair- man as a member of the board. (la) Commencing with the board that is organized following Wem the regular election in the year 1982 the allowances payable under subsection (1) shall be those determined by the board prior to the date of the regular election to take effect for the term of office of the members of the board elected at the regular election. (lb) Where a new board is established or formed under the idem Act, the members who are elected at the first election of the board may determine the amount of the allowance to be paid to members of the board and the amount of any additional allow- ance payable to the chairman as a member of the board. (Ic) A board may at any time decrease any allowance payable Decrease in to the members or to the chairman of the board. °^ "'^^ (2) Where allowances have not been determined for the term Continuance of of office of a new board the existing allowance payable to mem- bers of a board or to the chairman of the board during the school year 1981-82 or thereafter on the day of a regular election shall continue to be paid, subject to subsection (Ic), until the expiry of the term of office of the members of the board or of the new board, as the case may be, and until allowances as determined by the board under subsection (la) in respect of the term of office of a new board become payable. 14 s. 171 (1), amended s. 171 (6), amended 48. — (1) Subsection 171 (1) of the said Act is amended by striking out "Part IV as to the selection of a site by a rural separate school board, every board" in the first, second and third lines and inserting in lieu thereof "section 98 as to the approval of the site of a new school by a rural separate school board, every board may select and". (2) Subsection 171 (6) of the said Act is amended by inserting after "172" in the first line "or subsection 173 (1)". s. 173 (1, 2) re-enacted Acquisition of land for natural science program Application 49. — (1) Subsections 173 (1) and (2) of the said Act are repealed and the following substituted therefor: (1) Where a board acquires a school site under subsection 171 (1), (2), (3) or (4) for the purpose of conducting thereon a natural science program and other out-of-classroom programs, the board shall obtain the approval of the Minister before it erects, adds to or alters buildings on or makes other improvements to the school site for such purpose. (la) Subsection (1) does not apply with respect to a school site acquired by a separate school board under subsection 171 (1) or by a county or district combined separate school board under subsection 171 (3) where the cost of the erection of, the addition to or the alteration of the buildings on the school site or of making other improvements to the school site is provided entirely by the separate school board. Idem (lb) A board may, with the approval of the Minister, acquire by purchase or lease for the purpose of conducting a natural science program and other out-of-classroom programs a school site in Ontario that it does not have the authority to acquire under section 171, and the board shall obtain the approval of the Minister before it erects, adds to or alters buildings on or makes other improvements to the school site for such purpose. Approval not required Agreement between boards (Ic) An approval of the Minister is not required under subsec- tion (la) or (2) for normal maintenance to a building or site. (2) Two or more boards may enter into an agreement for a period specified therein for the shared use of a school site in Ontario for conducting natural science programs and other out- of-classroom programs but, where under such agreement one of the boards may acquire or is to acquire by purchase or lease a school site for such purpose or is to erect, add to or alter a building on or make other improvements to such site, the agree- ment is not effective until it is approved by the Minister, and a school site situate outside the jurisdiction of the boards that are parties to the agreement shall not be acquired without the prior approval of the Minister. IS (2) Subsection 173 (3) of the said Act is amended by striking out ^ i73 o), / 11 • 1 r- T 1 • • • amended under subsection (1) or (2) in the tirst hne and inserting in Heu thereof "for the purpose of conducting a natural science program and other out-of-classroom programs". 50. Subsection 182 (9) of the said Act is repealed and the following « i82 (9) substituted therefor: (9) Subsection 74 (7) and sections 75 and 76 apply with neces- J/'j^g'^l'?". sary modifications to a committee established under subsection 7S and 76 (2). 51. Subsection 183 (1) of the said Act is repealed and the following » issd), , . , , . re-enacted substituted therefor: (1) The meetings of a board and, subject to subsection (la), ^P^n r ■ r ^ ^ i-ii- • r meetings meetings oi a committee ot the board, including a committee ot of boards the whole board, shall be open to the public, and no person shall be excluded from a meeting that is open to the public except for improper conduct. (la) A meeting of a committee of a board, including a com- Closing mittee of the whole board, may be closed to the public when the committee subject-matter under consideration involves, meetmgs (a) the security of the property of the board; {b) the disclosure of intimate, personal or financial infor- mation in respect of a member of the board or commit- tee, an employee or prospective employee of the board or a pupil or his parent or guardian; (c) the acquisition or disposal of a school site; ■ {d) decisions in respect of negotiations with employees of the board; or (e) litigation affecting the board. 52. Paragraph 2 of the Declaration to subsection 185 (1) of the said Act s. i^s (i), is amended by adding at the end thereof "and that I will disclose any pecuniary interest, direct or indirect, as required by and in accordance with the Municipal Conflict of Interest Act" . R.s.o. iqso, c. 305 53. Section 196 of the said Act is amended by adding thereto the ^ i96, .,,.,. amended following subsection: (la) A person who is an elector, as defined in the Municipal Wem Elections Act in respect of an area for which one or more mem- R so. iqso, c 308 bers of a board are to be elected, is qualified to be elected as a member of the board for any area within the jurisdiction of the board, 16 (a) by public school electors if he is a public school elector in the area in which he is an elector; or (b) by separate school electors if he is a separate school elector in the area in which he is an elector, if such person is otherwise qualified under subsection (1) and is not disqualified under subsection (2). s. 198(2) (b), amended 54. Clause 198 (2) (b) of the said Act is amended by striking out "the third year of the Intermediate Division" in the eighth line and inserting in lieu thereof "Grade 9". s. 204, amended Interim administration pending new elections R.S.O. 1980, c. 308 55. Section 204 of the said Act is amended by adding thereto the following subsection: (2) Where under this Act vacancies on a board are required to be filled by an election to be conducted under the Municipal Elections Act and no election can be held under that Act, the Minister may by order provide for the fulfilling of the duties and obligations of the board until such time as a new election is held in accordance with the Municipal Elections Act and the mem- bers so elected have taken office. s. 207 (1), re-enacted 56. Subsection 207 (1) of the said Act is repealed and the following substituted therefor: Appointment and dismissal of auditor R.S.O. 1980, c. 303 s. 216(2), amended R.S.O. 1980, c. 31 (1) Every board shall appoint an auditor who shall hold office during good behaviour and be removable by the board for cause and who, except in the case of a board established under section 70, shall be a person licensed as a municipal auditor under the Municipal Affairs Act. 57. Subsection 216 (2) of the said Act is amended by striking out "where otherwise provided in the Act under which the sum is collected" in the fifth and sixth lines and inserting in lieu thereof "as provided in subsection 34 (3) of the Assessment Act". s. 235 (1), amended 58. Subsection 235 (1) of the said Act is amended by inserting after "teacher" in the first line "and a temporary teacher". s. 253, amended 59. Section 253 of the said Act is amended by adding thereto the following subsection: General report of chief executive officer (3) At the first meeting in December of each year the chief executive officer of a board shall submit to the board a report in a format approved by the Minister on the action he has taken during the preceding 12 months under subsection (2) and a copy of such report shall be submitted to the Minister on or before the 31st day of January next following. 17 60. Section 256 of the said Act is amended by adding thereto the * ^^^' , following subsection: (5) A provincial supervisory officer or a person designated by ^^^?^^ ^° the Minister shall have access, as required by the Minister, to records, any school and to the books and records of a board or a school. ^^'^ 61. Subsection 258 (2) of the said Act is amended by inserting after ^'mendS' "Where" in the first line "on or". 62. Subsection 261 (2) of the said Act is amended by inserting after l^^^^^^' "Where" in the first line "on or". 63. — (1) Section 262 of the said Act is amended by adding thereto the am^g^^ed following subsection: (3a) Section 206 applies with necessary modifications to a AppiicaUon member of a committee under clause (2) (o). (2) Subsection 262 (4) of the said Act is amended by adding at the » ^^\^^1' end thereof "and his successor is appointed or elected, as the case may be". 64. Section 263 of the said Act is amended by adding thereto the » 263 amended following subsection: (2) The members of the committee to be appointed by the Wem board shall be appointed not later than the date of the election meeting referred to in subsection (1). 65. Section 266 of the said Act is amended by adding thereto the ^ 266, . ^ ^ amended following subsection: (2) Subsection 197 (3) applies with necessary modifications to ^pp^]F^^°^ '^^ the resignation of a member of a committee. 66. Subsection 270 (1) of the said Act is repealed and the following ^gg^^^^jg^jj substituted therefor: (1) Where a board has determined to pay an allowance to Allowance members of the board under subsection 167 (1), the board shall pay to each member of the committee who is not a member of the board an allowance in such amount as is determined by the board. 67. Subsection 275 (2) of the said Act is repealed and the following ^^^75^(^2^^ substituted therefor: (2) Members of the Commission shall hold office for a term of Term, 1 1 • 1 /- • • reappomt- one, two or three years as may be determined from time to time ment and remunera- tion 18 by the Lieutenant Governor in Council, may be reappointed and shall be paid such remuneration as is determined by the Lieuten- ant Governor in Council. Commence- 68. — (1) This Act, cxccpt subsection 40 (2), comes into force on the ment day it receives Royal Assent. Idem (2) Subsection 40 (2) comes into force on the 1st day of January, 1983. Short title §9. The short title of this Act is the Education Amendment Act, 1982. g 2 2.H 5^5- W n TO* Orq CO W Z «i ^ CO a • ^ w p r^ CL o n 3 cT ?X d S St. 3 < a> cn_ ^ n n' 5' ^ o v> l=. Cfl O T* •-+) U) c t\i ^ 3 s Pi- rD Cl >3 J:^ «i ►-1 c^ R a e fi- a. *S». s H- » s" OTQ Orq X2 >~i ■-<_ 0-) 00 >i C^ ? a " R- ?^. s 0X5 > 3 3 a. 3" a> W P- BILL 46 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Education Act The Hon. B. M. Stephenson Minister of Education and Minister of Colleges and Universities TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 46 1982 An Act to amend the Education Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) Subsection 1 (1) of the Education Act, being chapter 129 of ^,„gj,^j;j the Revised Statutes of Ontario, 1980, is amended by adding thereto the following paragraphs: 2a. "band" and "council of the band" have the same meaning as in the Indian Act (Canada); R.s.c. i97o, c. 1-6 10a. "credit" means recognition granted to a pupil by a principal as prima facie evidence that the pupil has successfully completed a quantity of work that, i. has been specified by the principal in accord- ance with the requirements of the Minister, and ii. is acceptable to the Minister as partial fulfil- ment of the requirements for the Secondary School Graduation Diploma or the Secondary School Honour Graduation Diploma, as the case may be; 19a. "education authority" means a corporation that is incorporated by two or more bands or councils of bands for the purpose of providing for the educational needs of the members of such bands; R.S.C. 1970, c. 1-6 s. 1 (1), par. 66, amended 23a. "Indian" has the same meaning as in the Indian Act (Canada). (2) Paragraph 66 of the said subsection 1 (1) is amended by inserting after "qualification" in the second line "or a letter of standing". s. 1, amended (3) Section 1 of the said Act is amended by adding thereto the following subsection: Existing school arrangements continued s. 2, amended Delegation of powers and duties Limitations (5) Until altered under the authority of this or any other Act, all school jurisdictions and boards, including the names of the boards, as they existed on the 31st day of July, 1981, are con- tinued subject to the provisions of this Act. 2. Section 2 of the said Act is amended by adding thereto the follow- ing subsections: (4) The Minister may in writing authorize the Deputy Minis- ter or any other officer or employee in the Ministry to exercise any power or perform any duty that is granted to or vested in the Minister under this or any other Act. (5) The Minister may in writing limit an authorization made under subsection (4) in such manner as he considers advisable. Application of R.S.O. 1980, c. 147, s. 6 (6) Section 6 of the Executive Council Act does not apply to a deed or contract that is executed under an authorization made under subsection (4). s. 8(1)(0, re-enacted 3. — (1) Clause 8 (1) (i) of the said Act is repealed and the following substituted therefor: Application of R.S.O. 1980, c. 539 s. 8(l)(m), amended (f) prescribe the conditions under which and the terms upon which pupils of boards shall be deemed to be employees for the purpose of coverage under the Workmen's Compensation Act, deem pupils to be employees for such purpose and require a board to reimburse Ontario for payments made by Ontario under that Act in respect of a pupil of the board deemed to be an employee of Ontario by the Minister. (2) Clause 8 (1) {m) of the said Act is amended by striking out "interim, temporary, permanent, special or other" in the first and second lines. s. 8(1)(/)), amended (3) Clause 8 (1) (/>) of the said Act is amended by striking out "and supervisory officers" in the second line and inserting in lieu thereof "supervisory officers, attendance counsellors and native counsellors and grant certificates in respect of the suc- cessful completion of such courses". (4) Clause 8 (1) (r) of the said Act is amended by adding at the « » (d (r), 1 11 amended end thereof and the grantmg ot bursaries to t-eachers . (5) Subsection 8 (1) of the said Act is amended by adding thereto ^ ^ (i)- , ' . " amended the folio wmg clause: (z) in respect of schools under the jurisdiction of a board, issue guidelines respecting the closing of schools and require that boards develop policies therefrom with respect to procedures to be followed prior to the closing of a school by decision of the board. 4. — (1) Paragraph 11 of subsection 10 (1) of the said Act is amended* 'oJon-indian , ,. . . -1 1 1 1 -1 pupils at Mmister, may enter mto an agreement with a band, the council Indian schools s. 12 (6) (g), amended of the band or an education authority where such band, council of the band or education authority is authorized by the Crown in right of Canada to provide education for Indians, for the admis- sion of pupils who are not Indians to a school operated by the band, council of the band or education authority. 6. Clause 12 (6) (g) of the said Act is amended by striking out "bur- sar" in the second line and inserting in lieu thereof "business administrator". s. 25 (1), amended s. 29 (2), amended s. 30 (1), amended s. 31 (2), amended s. 40 (1) (c), amended s. 48, amended Fees for pupils 1976-77, c. 52 (Can.) 7. Subsection 25 (1) of the said Act is amended by striking out "with- out a warrant" in the eighth line. 8. Subsection 29 (2) of the said Act is amended by inserting after "may" in the first line "in addition to or". 9. Subsection 30 (1) of the said Act is amended by adding at the end thereof "or the Unified Family Court". 10. Subsection 31 (2) of the said Act is amended by inserting after "Part" in the first line "except subsection 48 (6)". 11. Clause 40 (1) (c) of the said Act is amended by inserting after "course" in the seventh line "or college of applied arts and technology". 12. Section 48 of the said Act is amended by adding thereto the fol- lowing subsection: (6) Notwithstanding any other provision of this Act, where a board admits to a school that it operates, a person who is in Canada as a visitor or as a student under the Immigration Act, 1976 (Canada), except, (a) a participant in an educational exchange program under which a pupil of the board attends without fee a school outside Canada; {b) a pupil who enrolls in an elementary school or a secon- dary school prior to the 1st day of July, 1982; or (c) a person who is in Canada while his parent or the person who has lawful custody of him is in Canada on a work visa, a diplomatic visa or a ministerial permit, the board shall charge the person the maximum fee calculated in accordance with the regulations. s. 52 (3), amended 13. Subsection 52 (3) of the said Act is amended by adding at the end thereof "unless and until it becomes or is included in a munici- pality". 14. — (1) Subsection 53 (1) of the said Act is amended by inserting after s. S3 (i), "collecting" in the seventh line "cancelling, reducing or refunding" and by striking out "11" in the thirteenth line and inserting in lieu thereof "12". (2) Section 53 of the said Act is amended by adding thereto the s. 53, - „ . , , . amended foUowmg subsection: (2a) Section 362 of the Municipal Act applies to territory with- Application of out municipal organization that is deemed a district municipality c. 302, s. 362 under this Act, and the divisional board has the powers of a municipal council under the said section 362 in respect of any such territory that is not attached to a municipality for school purposes, and the council of the municipality to which any such territory is attached for public school purposes and for secondary school purposes under subsection (2) has the powers of a munici- pal council under the said section 362 in respect of the territory so attached. 15.— (1) Clause 54 (1) (b) of the said Act is repealed. s. S4 (i) (b), repealed (2) Clause 54 (1) (c) of the said Act is amended by striking out s. S4 (i) (c), "school section" in the first and second lines and inserting in lieu thereof "of a school section that is included in a school division". (3) Subsection 54 (6) of the said Act is amended by striking out s. S4 (6), ^^ (inserting the name assigned by the regulationsY' in the seventh and eighth lines and inserting in lieu thereof ^^ (inserting the name selected by the board and approved by the Ministery\ 16. — (1) Subsection 59 (23) of the said Act is amended by inserting « S9(23), after "may" in the eighth line "where so requested by the divisional board". (2) Subsection 59 (34) of the said Act is repealed. s. S9 (34), rcpC3.1CQ 17. Subsection 61 (2) of the said Act is repealed and the following s. 6i(2), , . , , - re-enacted substituted therefor: (2) Subsection 59 (32) applies with necessary modifications to Qualifications the nomination and election of candidates for members of a of candidates board of education. 18. Subsection 62 (2) of the said Act is amended by striking out "or" at s- 62 (2), the end of clause (c), by adding "or" at the end of clause (d), and by adding thereto the following clause: (e) detach a portion thereof from a district school area. 64(5), J 9. Subsection 64 (S) of the said Act is repealed and the following substituted therefor: re-enacted Election (5) The election of members of the board of a district school term of office ^rca that is not an improvement district shall be held in each year R.s.o. 1980, in which a regular election is held under the Municipal Elections '^' ^°^ Act and the members shall hold office until the next regular election is held under that Act and their successors are elected under this Act and the new board is organized except that, (a) where a new district school area is formed to take effect on the 1st day of January in a year that is not a year of a regular election under the Municipal Elections Act, the first members of such board shall be elected in the year preceding such 1st day of January and shall hold office until the next regular election is held under the Munici- pal Elections Act and their successors are elected under this Act and the new board is organized; or (6) where the boundaries of a district school area are altered to take effect on the 1st day of January in a year that is not a year in which a regular election is held under the Municipal Elections Act, a new district school area board shall be elected in the year preceding such 1st day of January and the members so elected shall hold office until the next regular election is held under the Municipal Elections Act and their successors are elected under this Act and the new board is organized. s. 65 (1), 20. — (1) Subsection 65 (1) of the said Act is amended by inserting after "66" in the first line "and subject to subsection (4),". s 65 (4), (2) Subsection 65 (4) of the said Act is repealed and the following substituted therefor: First (4) Notwithstanding subsection 64 (5), the first meeting for the "^^^ '"^ election of a board of a district school area formed or altered under subsection 62 (2) shall be held at a time and place named by a person, designated by the Minister, who shall make the necessary arrangements for the meeting and the persons so elected shall hold office until the date the next regular election is R.s.o. 1980, held under the Municipal Elections Act and their successors are c 308 elected under this Act and the new board is organized. * 65 (8)' (3) Subsection 65 (8) of the said Act is amended by inserting after amended ,,,,... "(9)" in the first line "(10a)". s. 66 (1), 21 . Subsection 66 (1) of the said Act is amended by, amended ' -^ ' 7 (a) inserting after "the" in the third line "pubHc school"; (b) inserting after "the" where it occurs the first time in the seventh line "public school"; and (c) inserting after "district" in the ninth line "school". 22. The said Act is amended by adding thereto the following section, s. 66a, enacted 66a. — (1) Notwithstanding subsections 65 (3) and (8) and sec- Elections tion 66, where a district school area is formed under clause 62 (2) (b), the Lieutenant Governor in Council may make regulations, (a) determining the number of members to be elected to the board of the district school area; (b) determining the areas each member referred to in clause (a) shall represent; (c) providing for the nomination of candidates to be elected; and (d) prescribing the manner in which the election of the members shall be conducted, and the election of the members shall be in accordance with such regulations. (2) No election under this section is invalid by reason of non- Validity compliance with the provisions of the regulations made under subsection (1) or by reason of any mistake or irregularity if it appears that the election was conducted in accordance with the principles laid down in the regulations and that the non-com- pliance, mistake or irregularity did not affect the result of the election. 23. — (1) Subsection 68 (1) of the said Act is amended by inserting after ^ ^^ i^^' ,,.,.,,.,,, ,,, amended area m the fourth Ime board . (2) Subsection 68 (2) of the said Act is amended by inserting after ^ ^8 (2), u „ • 1 r- T <;i iM amended area m the first Ime board . (3) Subsection 68 (3) of the said Act is amended by inserting after s- 68 (3), ,,„., ^ ,,.,,, ,,, amended area m the lourth Ime board . 24. Clause 69 (2) (a) of the said Act is amended by adding at the end »■ ^^ '^^j^^- thereof "and for the dissolution thereof. 25. Subsection 74 (8) of the said Act is repealed and the following s. ^■^ (»), substituted therefor: 8 Allowance (8) The divisional board may pay an allowance to each member of the committee who is not a member of the divisional board and where the divisional board satisfies the requirements for a special education advisory committee under subsection 182 (7), the board may pay an allowance to each member of the special education advisory committee who is a member of the advisory committee on schools for trainable retarded pupils. s. 87 (1), amended 26. Subsection 87 (1) of the said Act is amended by striking out "1st day of January of the following year" in the fifteenth line and inserting in lieu thereof "1st day of December of the same year". S. 90 (1), amended 27. — (1) Subsection 90 (1) of the said Act is amended by striking out "for a term of two years" in the third line. s. 90, amended Term of office of first trustees R.S.O. 1980, c. 308 (2) Section 90 of the said Act is amended by adding thereto the following subsection: (2 a) The trustees who are elected at the first election of an urban separate school board shall hold office until the next regu- lar election is held under the Municipal Elections Act and their successors are elected and the new board is organized and sec- tions 93, 94, 95 and 96 apply with necessary modifications to the elections of trustees of the urban separate school board held after the first elections of trustees. s. 91 (1), amended 28. — (1) Subsection 91 (1) of the said Act is amended by striking out "for a term of two years" in the fourth line. s. 91 (2), amended (2) Subsection 91 (2) of the said Act is amended by striking out "for a term of two years" in the fourth line. s. 93 (1), amended 29. Subsection 93 (1) of the said Act is amended by striking out "in the same manner as municipal elections" in the second and third lines and inserting in lieu thereof "by the same officers and in the same manner as elections of members of the council of a municipality". s. 95 (6), re-enacted 30. Clause 95 (b) of the said Act is repealed and the following substi- tuted therefor: (b) has attained the age of eighteen years or on or before polling day will attain the age of eighteen years; and s. 97 (1), re-enacted 31. — (1) Subsection 97 (1) of the said Act is repealed and the following substituted therefor: Trustees term of office R.S.O. 1980, c. 308 (1) The board of a rural separate school shall consist of three trustees who, subject to subsection (3), shall be elected in each year in which a regular election is held under the Municipal Elec- tions Act and shall hold office until the date the next regular election is held under that Act and their successors are elected under this Act and the new board is organized. (2) Subsection 97 (3) of the said Act is repealed and the following s. 97 (3), substituted therefor: (3) Where the first election of a newly established rural sepa- ^'^^"^ rate school board is held in a year in which no regular election is held under the Municipal Elections Act, the trustees so elected RS.o. i98o, c 308 shall hold office until the date upon which the next regular elec- tion is held under that Act and their successors are elected under this Act and the new board is organized. 32.— (1) Subclause 98 (1) (a) (ii) of the said Act is repealed and the ^..^^s (i) (a), following substituted therefor: re-enacted (ii) the approval of a site selected by the board for a new school. (2) Section 98 of the said Act is amended by adding thereto the ^ 98, -,,.,. amended following subsection: (3) No site for a new school shall be acquired by a rural sepa- Approval rate school board without approval of the site by the majority of school site the supporters of the rural separate school who are present at an annual or a special meeting of the board. 33. Section 100 of the said Act is amended by adding thereto the ^ ^oOj ^ -,,.,. ./ o amended following subsection: (10a) A voter is entitled to as many votes as there are trustees Number 1111 -1 °' votes to be elected, but may not give more than one vote to any one candidate. 34. Subsection 103 (1) of the said Act is repealed and the following s. io3 (i), substituted therefor: (1) Where a combined separate school zone is formed or where Trustees another separate school zone is added to or detached from a combined separate school zone, the trustees in office shall retire on the 1st day of December following the election of trustees of the combined separate school zone and, subject to the number of trustees being determined under subsection (5), five trustees shall be elected by the supporters of the newly-created or altered com- bined separate school zone, (a) as provided in section 100, where the combined sepa- rate school zone is formed, or where another separate school zone is added to or detached from a combined separate school zone in the year next following the year 10 R.S.O. 1980, c. 308 in which a regular election was held under the Munici- pal Elections Act, in which case the provisions of sec- tion 97 apply; or (b) as provided in section 93, where the combined separate school zone is formed or where another separate school zone is added to or detached from a combined separate school zone in the year in which a regular election is to be held under the Municipal Elections Act. s. Ill (3), amended 35. Subsection 111 (3) of the said Act is amended by striking out "The Roman Catholic Separate School Board" in the third and fourth lines and inserting in lieu thereof "The District Roman Catholic Separate School Board". s. 112 (2), amended 36. — (1) Subsection 112 (2) of the said Act is amended by inserting after "collecting" in the sixth line "cancelling, reducing or refunding" and by striking out "11" in the twelfth line and inserting in lieu thereof "12". s. 112, amended (2) Section 112 of the said Act is amended by adding thereto the following subsection: Application of R.S.O. 1980, c. 302, s. 362 (2a) Section 362 of the Municipal Act applies to territory with- out municipal organization that is deemed a district municipality under subsection (1), and the district combined separate school board has the powers of a municipal council under the said sec- tion 362 in respect of any such territory. s. 113 (19), amended 37. Subsection 113 (19) of the said Act is amended by inserting after "may" in the seventh line "where so requested by the board". s. lis (3), repealed 38. Subsection 115 (3) of the said Act is repealed. s. 149, amended 39. Section 149 of the said Act is amended by adding thereto the following paragraph: requirements 18. do anything that a board is required by the Minister to do under subsection 8 (1). s. 150(1), par. 1, re-enacted 40. — (1) Paragraph 1 of subsection 150 (1) of the said Act is repealed and the following substituted therefor: committees 1. establish committees composed of members of the board to make recommendations to the board in respect of education, finance, personnel and property; 11 la . establish committees that may include persons who are idem not members of the board in respect of matters other than those referred to in paragraph 1. (2) Paragraph 6 of the said subsection 150 (1) is amended by s- iso (i), adding at the end thereof "and close schools in accordance ^"ended with policies established by the board from guidelines issued by the Minister". 41. Subsection 153 (2) of the said Act is repealed and the following «■ iS3 (2), substituted therefor: (2) A secondary school board may pay to each person Allowance appointed under subsection (1) who is not a member of the board such allowance as the board may determine for each month for which he is appointed. 42. Section 158 of the said Act is amended by adding thereto the ^ i^^- . ,, , , . amended followmg subsection: (la) Where a sick leave gratuity is paid upon termination of Wem employment, the number of days used to calculate the amount of the gratuity ceases to stand to the credit of the employee and is not available for transfer or reinstatement of credits under sub- section (2). 43. Section 164 of the said Act is amended by inserting after "or" in the s< i^"*- seventh line "held". 44. — (1) Subsection 165 (1) of the said Act is repealed and the follow- ^ i6s (i), ing substituted therefor: (1) A board may enter into an agreement with, Agreements re education of Indian (a) the Crown in right of Canada; or pup'is (b) a band or the council of the band or an education authority where such band, the council of the band or education authority is authorized by the Crown in right of Canada to provide education for Indians, to provide for Indian pupils, for the period specified in the agreement, accommodation, instruction and special services in the schools of the board, and such agreement shall provide for the payment by the Crown in right of Canada, the band, the council of the band or the education authority, as the case may be, of fees calculated in accordance with the regulation govern- ing the fees payable by Canada. Agreements (la) A board may enter into an agreement with, [nind[an^'°" schools 12 s. 165 (4), amended (a) the Crown in right of Canada; or (b) a band, the council of the band or an education author- ity referred to in clause (1) (b), to provide for Indian pupils, for the period specified in the agreement, instruction and special services in schools provided by the Crown in right of Canada, the band, the council of the band or the education authority, as the case may be, and such agreement shall provide for the payment by the Crown in right of Canada, the band, the council of the band or the education authority, as the case may be, of the full cost of the provision of the instruction and special services. (2) Subsection 165 (4) of the said Act is amended by, (a) striking out "Indian" in the second line and where it occurs the first time in the third line; and (6) inserting after "board" in the fifth line "or in the schools in which the board provides all the instruction". s. 165 (5), amended (3) Subsection 165 (5) of the said Act is amended by striking out "divisional board or a county or district combined separate school" in the second and third lines. s. 165, amended (4) Section 165 of the said Act is amended by adding thereto the following subsection: When Indian school enrolment included (6a) For the purpose of determining the number of Indian pupils enrolled in the schools under the jurisdiction of a board referred to in subsection (5) or (6), the number of Indian pupils in Indian schools in which the board provides all the instruction shall be included. s. 16Sa, enacted 45. The said Act is further amended by adding thereto the following section: Interpre- tation 165a. — (1) In this section "adult basic education" means pro- grams and courses that are designed to develop and improve the basic literacy and numeracy skills of adults. Agreements for adult basic education (2) Subject to the approval of the Minister, a board may, in respect of persons who reside in the area of jurisdiction of the board, enter into an agreement in writing with a college of applied arts and technology for the area in which the board has jurisdiction under which the college of applied arts and tech- nology provides for the board such adult basic education as is specified in the agreement. 13 46. — (1) Subsection 166 (1) of the said Act is amended by striking out ^ i66 O), ,, , , - .... ^ , amended and to and from an activity that is part of the program of such school" in the twelfth and thirteenth lines. (2) Section 166 of the said Act is amended by adding thereto the ^ i66, J- ,, . , ,. amended following subsection: (la) A board may provide for a pupil who is enrolled in a '^^"^ school that the board operates, transportation to and from an activity that is part of the program of such school. (3) Clause 166 (9) (b) of the said Act is amended by inserting after s. i66 (9) ib), "county" in the first line "or a regional municipality that is not in a territorial district". 47. Subsections 167 (1) and (2) of the said Act are repealed and the s. i67 (i, 2), following substituted therefor: ^'^ (1) Subject to subsections (la), (Ic) and (2) a board may pay to Allowance each member of the board an allowance in such amount that is ""^ "^^^ "^ determined by the board to be payable to the members thereof and may pay to the chairman an amount determined by the board that is in addition to the allowance payable to the chair- man as a member of the board. (la) Commencing with the board that is organized following Wem the regular election in the year 1982 the allowances payable under subsection (1) shall be those determined by the board prior to the date of the regular election to take effect for the term of office of the members of the board elected at the regular election. (lb) Where a new board is established or formed under the Wem Act, the members who are elected at the first election of the board may determine the amount of the allowance to be paid to members of the board and the amount of any additional allow- ance payable to the chairman as a member of the board. (Ic) A board may at any time decrease any allowance payable Decrease in to the members or to the chairman of the board. (2) Where allowances have not been determined for the term Continuance of of office of a new board the existing allowance payable to mem- bers of a board or to the chairman of the board during the school year 1981-82 or thereafter on the day of a regular election shall continue to be paid, subject to subsection (Ic), until the expiry of the term of office of the members of the board or of the new board, as the case may be, and until allowances as determined by the board under subsection (la) in respect of the term of office of a new board become payable. 14 s. 171 (1), amended 48. — (1) Subsection 171 (1) of the said Act is amended by striking out "Part IV as to the selection of a site by a rural separate school board, every board" in the first, second and third lines and inserting in lieu thereof "section 98 as to the approval of the site of a new school by a rural separate school board, every board may select and". s. 171 (6), amended (2) Subsection 171 (6) of the said Act is amended by inserting after "172" in the first line "or subsection 173 (1)". s. 173 (1, 2), re-enacted Acquisition of land for natural science program Application 49. — (1) Subsections 173 (1) and (2) of the said Act are repealed and the following substituted therefor: (1) Where a board acquires a school site under subsection 171 (1), (2), (3) or (4) for the purpose of conducting thereon a natural science program and other out-of-classroom programs, the board shall obtain the approval of the Minister before it erects, adds to or alters buildings on or makes other improvements to the school site for such purpose. (la) Subsection (1) does not apply with respect to a school site acquired by a separate school board under subsection 171 (1) or by a county or district combined separate school board under subsection 171 (3) where the cost of the erection of, the addition to or the alteration of the buildings on the school site or of making other improvements to the school site is provided entirely by the separate school board. Idem {lb) A board may, with the approval of the Minister, acquire by purchase or lease for the purpose of conducting a natural science program and other out-of-classroom programs a school site in Ontario that it does not have the authority to acquire under section 171, and the board shall obtain the approval of the Minister before it erects, adds to or alters buildings on or makes other improvements to the school site for such purpose. Approval not required Agreement between boards (Ic) An approval of the Minister is not required under subsec- tion (la) or (2) for normal maintenance to a building or site. (2) Two or more boards may enter into an agreement for a period specified therein for the shared use of a school site in Ontario for conducting natural science programs and other out- of-classroom programs but, where under such agreement one of the boards may acquire or is to acquire by purchase or lease a school site for such purpose or is to erect, add to or alter a building on or make other improvements to such site, the agree- ment is not effective until it is approved by the Minister, and a school site situate outside the jurisdiction of the boards that are parties to the agreement shall not be acquired without the prior approval of the Minister. IS (2) Subsection 173 (3) of the said Act is amended by striking out » i73 (3), • / / Ml • 1 r- T 1 • • ■ amended under subsection (1) or (2) in the iirst hne and inserting in lieu thereof "for the purpose of conducting a natural science program and other out-of-classroom programs". 50. Subsection 182 (9) of the said Act is repealed and the following « i82 (9), substituted therefor: (9) Subsection 74 (7) and sections 75 and 76 apply with neces- ^fPP''7|'?7"x sary modifications to a committee established under subsection 75 and 76 (2). 51. Subsection 183 (1) of the said Act is repealed and the following ^ i83 (i), . re-enacted substituted thereior: (1) The meetings of a board and, subject to subsection (la), <^pe" r • i-ii i-ii- • r meetings meetings 01 a committee or the board, including a committee of ot boards the whole board, shall be open to the public, and no person shall be excluded from a meeting that is open to the public except for improper conduct. (la) A meeting of a committee of a board, including a com- Closing mittee of the whole board, may be closed to the public when the committee subject-matter under consideration involves, meetings (a) the security of the property of the board; {b) the disclosure of intimate, personal or financial infor- mation in respect of a member of the board or commit- tee, an employee or prospective employee of the board or a pupil or his parent or guardian; (c) the acquisition or disposal of a school site; ■ id) decisions in respect of negotiations with employees of the board; or {e) litigation affecting the board. 52. Paragraph 2 of the Declaration to subsection 185 (1) of the said Act s. iss (i), is amended by adding at the end thereof "and that I will disclose any pecuniary interest, direct or indirect, as required by and in accordance with the Municipal Conflict of Interest Act" . R.s.o. i980, c. 305 53. Section 196 of the said Act is amended by adding thereto the » i^^; , .,,.,. ^ ^ amended lollowing subsection: (la) A person who is an elector, as defined in the Municipal idem Elections Act in respect of an area for which one or more mem- R so. i980, c 308 bers of a board are to be elected, is qualified to be elected as a member of the board for any area within the jurisdiction of the board. 16 (a) by public school electors if he is a public school elector in the area in which he is an elector; or (b) by separate school electors if he is a separate school elector in the area in which he is an elector, if such person is otherwise qualified under subsection (1) and is not disqualified under subsection (2). s. 198 (2) (ft), amended s. 204, amended Interim administration pending new elections R.S.O. 1980, c. 308 54. Clause 198 (2) (b) of the said Act is amended by striking out "the third year of the Intermediate Division" in the eighth line and inserting in lieu thereof "Grade 9". 55. Section 204 of the said Act is amended by adding thereto the following subsection: (2) Where under this Act vacancies on a board are required to be filled by an election to be conducted under the Municipal Elections Act and no election can be held under that Act, the Minister may by order provide for the fulfilling of the duties and obligations of the board until such time as a new election is held in accordance with the Municipal Elections Act and the mem- bers so elected have taken office. s. 207 (1), re-enacted 56. Subsection 207 (1) of the said Act is repealed and the following substituted therefor: Appointment and dismissal of auditor R.S.O. 1980, c. 303 s. 216 (2), amended R.S.O. 1980, c. 31 57. (1) Every board shall appoint an auditor who shall hold office during good behaviour and be removable by the board for cause and who, except in the case of a board established under section 70, shall be a person licensed as a municipal auditor under the Municipal Affairs Act. Subsection 216 (2) of the said Act is amended by striking out "where otherwise provided in the Act under which the sum is collected" in the fifth and sixth lines and inserting in lieu thereof "as provided in subsection 34 (3) of the Assessment Act". s. 235 (1), amended 58. Subsection 235 (1) of the said Act is amended by inserting after "teacher" in the first line "and a temporary teacher". s. 253, amended 59. Section 253 of the said Act is amended by adding thereto the following subsection: General report of chief executive officer (3) At the first meeting in December of each year the chief executive officer of a board shall submit to the board a report in a format approved by the Minister on the action he has taken during the preceding 12 months under subsection (2) and a copy of such report shall be submitted to the Minister on or before the 31st day of January next following. 17 60. Section 256 of the said Act is amended by adding thereto the ^ ^56, . . ^ o amended following subsection: (5) A provincial supervisory officer or a person designated by Access to the Minister shall have access, as required by the Minister, to records, any school and to the books and records of a board or a school. '^^'^ 61. Subsection 258 (2) of the said Act is amended by inserting after ^n^mi'd' "Where" in the first line "on or". 62. Subsection 261 (2) of the said Act is amended by inserting after ^^^^g^J^j^/j' "Where" in the first line "on or". 63. — (1) Section 262 of the said Act is amended by adding thereto the amg^nded following subsection: i3a) Section 206 applies with necessary modifications to a Application member of a committee under clause (2) (b). (2) Subsection 262 (4) of the said Act is amended by adding at the s. 262 (4), end thereof "and his successor is appointed or elected, as the ^'"^" ^ case may be". 64. Section 263 of the said Act is amended by adding thereto the » 263, r ^^ . , . . amended lollowing subsection: (2) The members of the committee to be appointed by the Wem board shall be appointed not later than the date of the election meeting referred to in subsection (1). 65. Section 266 of the said Act is amended by adding thereto the * 266, - ,, . , , . amended following subsection: (2) Subsection 197 (3) applies with necessary modifications to Application of the resignation of a member of a committee. 66. Subsection 2 70 (1) of the said Act is repealed and the following * ^70 (i), substituted therefor: (1) Where a board has determined to pay an allowance to '^"°^^"" members of the board under subsection 167 (1), the board shall pay to each member of the committee who is not a member of the board an allowance in such amount as is determined by the board. 67. Subsection 2 75 (2) of the said Act is repealed and the following ^- ^^s (2), substituted therefor: (2) Members of the Commission shall hold office for a term of Term, 1 t 1 • 1 r • • reappomt- one, two or three years as may be determined from time to time ment and remunera- tion 18 by the Lieutenant Governor in Council, may be reappointed and shall be paid such remuneration as is determined by the Lieuten- ant Governor in Council. Commence- 68. — (1) This Act, except subsection 40 (2), comes into force on the ment day it receives Royal Assent. Idem (2) Subsection 40 (2) comes into force on the 1st day of January, 1983. Short title (j9. The short title of this Act is the Education Amendment Act, 1982. g 2. H ^ X n^ ^ o- c- !^ ;$ i^* w cr. i^ w v' 5. 55 !^ 8 ^ a, 00 Qrq o 00 0^ > •o Ki l-« 0, 00 >J (-*■ c^ cr & ~' a. c^. 0 0^ > cr W a c n P a o 3 BILL 47 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Farm Products Marketing Act Mr. Riddell TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to prohibit unfair practices in the marketing of farm products in Ontario. These unfair practices include the arrangement of price advantages in the form of rebates, discounts or allowances between some sellers of a farm product and some buyers of the farm product to the exclusion of other buyers and sellers of the same product. The effect of these practices is to work hardship upon the buyers and sellers who are excluded from these arrangements and eventually to reduce the level of competition in the market for the farm product. Provision is made in the Bill for orders for compliance, assurances of volun- tary comjiliance and enforcement of orders and assurances. BILL 47 1982 An Act to amend the Farm Products Marketing Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The Farm Products Marketing Act, being chapter 158 of the Partii Revised Statutes of Ontario, 1980, is amended by adding thereto enacted the following Part: PART II UNFAIR FARM PRODUCT MARKETING PRACTICES 24. In this Part, interpre- tation (a) "buyer" means a person who buys in the course of car- rying on business and does not include a consumer; (6) "farm product" has the same meaning as in section 1 but does not include wool, tobacco and wood. 25. The purpose of this Part is to promote fair farm product Purpose marketing practices amongst persons engaged in the producing, marketing, processing or retailing of farm products. 26. No person carrying on business in Ontario shall engage in Prohibition an unfair farm product marketing practice. 2 7.— (1) For the purposes of this Part, the following shall be ^^^^'^J^'"^ deemed to be unfair farm product marketing practices: marketing practices 1. The requirement by a buyer of a farm product, as a condition of doing business, that a seller of the farm product grant or offer to the buyer a marketing advan- tage in the nature of a discount, rebate, allowance or price concession over and above any discount, rebate, allowance or price concession made available at the same time to other buyers who offer to purchase the farm product under substantially the same terms and condi- tions of sale and delivery. 2 . The granting or offering by a seller of a farm product of a marketing advantage in the nature of a discount, rebate, allowance or price concession to a buyer of the farm product over and above any discount, rebate, allowance or price concession made available at the same time to other buyers who offer to purchase the same farm prod- uct under substantially the same terms and conditions of sale and delivery. 3. The requirement by a buyer of a farm product, as a condition of doing business, that a seller of the farm product grant or offer to the buyer a marketing advan- tage in the nature of a discount, rebate, allowance or price concession as consideration for services provided by the buyer to the seller where the cost of the services provided by the buyer does not approximately equal the value of the marketing advantage granted or offered by the seller. 4. The granting or offering by a seller of a farm product to a buyer of the farm product of a marketing advantage in the nature of a discount, rebate, allowance or price concession as consideration for services provided by the buyer to the seller where the seller has reason to believe that the cost of the services provided by the buyer to the seller do not approximately equal the value of the mar- keting advantage granted or offered by the seller. Justified (2) For the purposes of this Part, where a seller of farm products price differences sells or offers to Sell farm products of like quality and quantity at the same time at different prices, the seller does not engage in an unfair farm product marketing practice if differences in the price of the farm product are attributable to, (a) differences in the cost of producing, processing or mar- keting the farm product; (b) a necessity to offer the farm product at a low price to a buyer in order to match an equally low price offered to the buyer by a competitor of the seller. Construction (3) This Part shall not be construed to prohibit the establish- ment of price differences from time to time arising in response to changed conditions affecting the market for or the marketability of a farm product including, (a) the actual or imminent deterioration of a perishable farm product; (b) the sale of a farm product by order of a court; (c) the sale of a farm product upon the winding up, bank- ruptcy or discontinuance of a business. (4) This Part shall not be construed to prohibit a co-operative Wem association, credit union, caisse populaire or co-operative credit society from returning to its members, suppliers or customers the whole or any part of the net surplus made in its operations in proportion to the acquisition or supply of farm products from or to such members, suppliers or customers. 28. The Board shall appoint one of its officers to act as a Director Director for the purposes of this Part. 29. — (1) Where the Director believes on reasonable and prob- o^der able grounds that any person is engaging or has engaged in an unilk^ unfair farm product marketing practice, the Director shall order P'^^ctice such person to comply with section 26 in respect of the unfair practice specified in the order. (2) Where the Director proposes to make an order under sub- Notice of section (1), he shall serve notice of his proposal on each person to be '"^"^^ named in the order together with reasons therefor. (3) A notice under subsection (2) shall inform each person to be Request for named in the order that he is entided to a hearing by the Board if "^^""^ he mails or delivers within fifteen days after the notice under subsection (2) is served on him notice in writing to the Board that he wishes a hearing. (4) Where a person upon whom a notice is served under subsec- Failure tion (2) does not require a hearing by the Board in accordance with h°aring^*^ subsection (3), the Director may carry out the proposal stated in the notice. (5) Where a person requires a hearing by the Board in accord- Hearing ance with subsection (3), the Board shall appoint a time for and hold the hearing and, on the application of the Director at the hearing, may by order direct the Director to carry out his proposal and to take such action as the Board considers the Director ought to take in accordance with this Part and for such purposes the Board may substitute its opinion for that of the Director. (6) The Board may attach such terms and conditions to its order Conditions as it considers proper to give effect to the purpose of this Part. Parties (7) The Director and the person who has required the hearing and such other persons as the Board may specify are parties to proceedings before the Board under this section. stay 30. Where an appeal is taken from an order of the Board made under section 29, the order takes effect immediately but the Board may grant a stay until the disposition of the appeal. Assurance of voluntary compliance 31. — (1) Any person against whom the Director proposes to make an order to comply with section 26 may enter into a written assurance of voluntary compliance in the prescribed form under- taking to not engage in the specified unfair farm product market- ing practice after the date thereof. Assurance deemed order (2) Where an assurance of voluntary compliance is accepted by the Director, the assurance has and shall be given for all purposes of this Part the force and effect of an order made by the Director. Investigation by order of Minister R.S.O. 1980, c. 411 32. The Minister may by order appoint a person to make an investigation into any matter to which this Part applies as may be specified in the Minister's order and the person appointed shall report the result of his investigation to the Minister and, for the purposes of the investigation, the person making it has the power of a commission under Part II of the Public Inquiries Act, which Part applies to such investigation as if it were an inquiry under that Act. Inquiry by order of the Director 33. The Director may, by order, appoint a person to make an inquiry into any matter to which this Part applies as may be specified in the Director's order and the person appointed shall report the result of his inquiry to the Director. Investigation by Director 34. — (1) Where, upon a statement made under oath, the Director believes on reasonable and probable grounds that any person is contravening or is about to contravene any of the provi- sions of this Part or an order or assurance of voluntary compliance made or given pursuant to this Part, the Director may by order appoint one or more persons to make an investigation as to whether such a contravention of the Part, order or assurance of voluntary compliance has occurred and the person appointed shall report the result of his investigation to the Director. Powers of investigator (2) For purposes relevant to the subject-matter of an investi- gation under this section, the person appointed to make the inves- tigation may inquire into and examine the affairs of the person in respect of whom the investigation is being made and may, (a) upon production of his appointment, enter at any reasonable time the business premises of such person and examine books, papers, documents and things relevant to the subject-matter of the investigation; and (b) inquire into the transactions, business affairs, manage- ment and practices that are relevant to the subject-mat- ter of the investigation, and for the purposes of the inquiry, the person making the inves- tigation has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such inquiry as if it R so. iqso, were an inquiry under that Act. (3) No person shall obstruct a person appointed to make an obstruction of iiiiri- investigator investigation under this section or withhold from him or conceal or destroy any books, papers, documents or things relevant to the subject-matter of the investigation. (4) Where a provincial judge is satisfied upon an ex parte Searrii application by the person making an investigation under this section, that the investigation has been ordered and that such person has been appointed to make it and that there is reasonable ground for believing there are in any building, dwelling, recep- tacle or place any books, papers, documents or things relating to the person whose affairs are being investigated and to the subject- matter of the investigation, the provincial judge may, whether or not an inspection has been made or attempted under clause (2) (a), issue an order authorizing the person making the investi- gation, together with such police officer or officers as he calls upon to assist him, to enter and search, if necessary by force, such building, dwelling, receptacle or place for such books, pap- ers, documents or things and to examine them, but every such entry and search shall be made between sunrise and sunset unless the provincial judge, by the order, authorizes the person making the investigation to make the search at night. (5) Any person making an investigation under this section may, Reniovai of upon giving a receipt therefor, remove any books, papers, docu- ments or things examined under clause (2) (a) or subsection (4) relating to the person whose affairs are being investigated and to the subject-matter of the investigation for the purpose of making copies of such books, papers or documents, but such copyinj. shall be carried out with reasonable dispatch and the books, papers or documents in question shall be promptly thereaftei returned to the person whose affairs are being investigated. (6) Any copy made as provided in subsection (5) and certified to Admissibility of be a true copy by the person making the investigation is admissible in evidence in any action, proceeding or prosecution as primafacie proof of the original book, paper or document and its contents. Appointment of experts (7) The Minister or Director may appoint any expert to examine books, papers, documents or things examined under clause (2) (a) or under subsection (4). Report (8) Where, upon the report of an investigation made under subsection (1), it appears to the Director that a person may have contravened any of the provisions of this Part, the Director shall send a full and complete report of the investigation, including the report made to him, any transcript of evidence and any material in the possession of the Director relating thereto, to the Minister. Matters confidential 35. — (1) Every person employed in the administration of this Part, including any person making an inquiry, inspection or an investigation under section 32 or 33 shall preserve secrecy in respect of all matters that come to his knowledge in the course of his duties, employment, inquiry, inspection or investigation and shall not communicate any such matters to any other person except, (fl) as may be required in connection with the administra- tion of this Part or any proceedings under this Part; {b) to his counsel or to the court in any proceeding under this Part; (c) to inform a person involved of an unfair farm product marketing practice and of any information relevant to the person's rights under this Act; or (d) with the consent of the person to whom the information relates. Testimony in civil suit (2) No person to whom subsection (1) applies shall be required to give testimony in any civil suit or proceeding with regard to information obtained by him in the course of his duties, employ- ment, inquiry, inspection or investigation except in a proceeding under this Part. Certiiicate oi Director as e\ iflence RcKulations 36. A copy of an order or assurance of voluntary compliance purporting to be certified by the Director is, without proof of the office or signature of the Director, receivable in evidence as prima facie proof of the facts stated therein for all purposes in any action, proceeding or prosecution. 37. The Lieutenant Governor in Council may make regula- tions, (a) requiring persons engaging in the business of marketing farm products to make such returns and furnish such information to the Director as is prescribed; (b) requiring any information required or permitted to be furnished to the Director or contained in any form or return to be verified by affidavit; (c) prescribing forms for the purposes of this Part and pro- viding for their use. 38. — (1) Every person who knowingly, ottences (a) furnishes false information in an investigation under this Part; (6) fails to comply with an order or assurance of voluntary compliance made or entered into under this Act; or (c) obstructs a person making an investigation under sec- tion 32 or 33, is guilty of an offence and on summary conviction is liable to a fine of not more than $2 ,000 or to imprisonment for a term of not more than one year, or to both. (2) Every person who engages in an unfair farm product mar- '^^"^ keting practice knowing it to be an unfair practice is guilty of an offence and on summary conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both. (3) Where a corporation is convicted of an offence under sub- ^corporations section (1) or (2), the maximum penalty that may be imposed upon the corporation is $25,000 and not as provided therein. (4) Where a corporation has been convicted of an offence ^^r^'^tors and under subsection (1) or (2), (a) each director of the corporation; and 0) each officer, servant or agent of the corporation who was in whole or in part responsible for the conduct of that part of the business of the corporation that gave rise to the offence, is a party to the offence unless he satisfies the court that he did not authorize, permit or acquiesce in the offence. (5) Each day that a person engages in an unfair marketing Continued practice knowing it to be unfair or fails to comply with an order or assurance of voluntary compliance made or entered into under this Act or otherwise contravenes any provision of this Act con- stitutes a separate offence. 8 Monthly report 39.— (1) The Director shall make a written report each month to the Minister on the enforcement of this Part and on such other matters related to this Part as the Director considers advisable or the Minister may require and the report shall set out, (a) the names of all persons who entered into assurances of voluntary compliance with the Director during the pre- vious month and a description of the unfair farm product marketing practice that is the subject-matter of each assurance; (b) the names of all persons against whom orders to cease engaging in an unfair farm product marketing practice, other than orders in respect of which hearings or appeals are pending, were made during the previous month and a description of the unfair farm product marketing practice that is the subject-matter of each order; (c) the number and nature of complaints received by the Director during the previous month respecting unfair farm product marketing practices together with an indi- cation of the action taken on these complaints; (d) the names of all persons who are or who have been the subjects of inquiries or investigations initiated by the Director or the Minister during the previous month and a statement of the disposition of any inquiry or investi- gation completed during the month; (e) the names of all persons convicted of offences under this Part during the previous month including a description of the offence for which each person was convicted and the penalty imposed, and the report shall be made available to the public. Annual report (2) The Director shall, within sixty days after the close of each calendar year, make a report to the Minister on the enforcement of this Part during the calendar year and on such other matters related to this Part as the Director considers advisable or the Minister may require, and the report shall set out, (a) the information required by clauses (1) (a), (b), (c), {d) and (e), compiled on the basis of the calendar year instead of the previous month; (6) any recommendations of amendments to this Part that the Director considers advisable, including any addi- tional unfair farm product marketing practices that, in the opinion of the Director, should be set out in subsec- tion 26 (1), and the Minister shall lay the report before the Assembly if it is in session or, if not, at the commencement of the next ensuing session. 2. This Act comes into force on the day it receives Royal Assent. Commence- ■^ •' ment 3. The short title of this Act is the Farm Products Marketing Amend- Short title ment Act, 1982. 5- o o w 0^ > f\J "O 1-^ s ►n_ Co Cc r^ >3 00 >a 0^3 c^ ^ sa i-( 3 > ^ 13 0 > CL n c (-^ 0 <-♦ VI 0 g 3 »5 rti i-t 3 a 3 orq BILL 48 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Legislative Assembly Act Mr. Ruston TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill provides for a deduction of $100 from a member's indemnity for each day of absence from the Assembly while it is sitting, unless the absence is because of illness, pregnancy and childbirth, or official business. BILL 48 1982 An Act to amend the Legislative Assembly Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 60 of the Legislative Assembly Act, being chapter 235 of the » 6o, Revised Statutes of Ontario, 1980, as amended by the Statutes of ^'"*'" ^ Ontario, 1981, chapter 29, section 1, is further amended by adding thereto the following subsection: iSa) A deduction of one hundred dollars shall be made from Deduction the indemnity payable to a member under this section for every day beyond ten in a session on which the Assembly sits and on which the member is absent from the Assembly for reasons other than illness, pregnancy and childbirth, or official business. 2. This Act comes into force on the day it receives Royal Assent. Commence- ment 3. The short title of this Act is the Legislative Assembly Amendment short title Act, 1982. bo ^ ^ Oi. ca g w OS w g c '^^ O o," Z a. 0^ > >3 00 >3 S org > ^ s ST > n <' r-t- ft <-t- > o CAl p 1/1 3 3 3 ct; CL ^ ,-t. > ft BILL 49 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Employment Standards Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill extends the scope of section 40a of the Employment Standards Act to all employees with at least one year's seniority whose employment is termi- nated as a result of the permanent discontinuance or reduction of all or part of the employer's business. At present, severance pay under section 40a is limited to situations in which the employment of fifty or more employees is terminated within a six-month period and is available only to employees with five years' seniority. BILL 49 1982 An Act to amend the Employment Standards Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Subsection 40a (1) of the Employment Standards Act, being chap- s- ^oa (i), ter 137 of the Revised Statutes of Ontario, 1980, as enacted by the ^^'^^^'^ ^ Statutes of Ontario, 1981, chapter 22, section 2, is repealed and the following substituted therefor: (1) Where, Severance pay (a) an employee who has been employed by an employer for one or more years has his employment terminated by the employer; and {b) the termination is caused by the permanent discon- tinuance or reduction of all or part of the business of the employer at an establishment, the employer shall pay severance pay to the employee in an amount equal to the amount the employee would have received at his regular rate for a regular non-overtime work week multi- plied by the number of years of employment with the employer to a maximum of twenty-six years. 2. This Act comes into force on the day it receives Royal Assent. Commence- ■^ ment 3. The short title of this Act is the Employment Standards Amend- Short title ment Act, 1982. 2: Co u ru ;5 S O- ?i- >3 >3 c^ «> a Q ?i. Ci- «*. V^. s s > 00 >3 o 3 m P P3 3 £3 (D a 3 w CL -1 ? re BILL 50 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Residential Tenancies Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to require that the Appeal Commissioners under the Residential Tenancies Act consist of an equal number of representatives of landlords and tenants. BILL 50 1982 An Act to amend the Residential Tenancies Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 76 of the Residential Tenancies Act, being chapter 452 of * "6, rc-cn3.ctC(J the Revised Statutes of Ontario, 1980, is repealed and the follow- ing substituted therefor: 76. — (1) The Lieutenant Governor in Council shall appoint as Appeal .,--,.• , . ... Commis- Appeal Commissioners a chairman, one or more vice-chairmen sioners and as many other persons equal in number representative of landlords and tenants as the Lieutenant Governor in Council considers appropriate. (2) The chairman or a vice-chairman, one member representa- Quorum tive of landlords and one member representative of tenants con- stitute a quorum of the Appeal Commissioners. 2. This Act comes into force on the day it receives Roval Assent. Comnunce- meiit 3. The short title of this Act is the Residential Tenancies Amendment ^hort title Act, 1982. tw ^ ^ <». <2 g ^ W c^ TJ § ffi i:> HH c^ r 05 ►3 Uj r\j ^ S O- ?X ^ >3 a «> e G ?i- Pi- ^A. ?^. ^ S OtQ C«5 > OK, ^ a> t/i > a. 3 3 > n 5] (-♦ H 0 (T> P 3 3 u> a> 3 3 0 a BILL 51 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Residential Tenancies Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to require a landlord, upon the request of a tenant, to file receipts for expenditures made by the landlord with the Residential Tenancy Commission. BILL 51 1982 An Act to amend the Residential Tenancies Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Section 126 of the Residential Tenancies Act, being chapter 452 of ^ ^^^' the Revised Statutes of Ontario, 1980, is amended by adding thereto the following subsections: (5) Upon the request of a tenant, a landlord shall include Receipts receipts for each expenditure over $100 in the material filed with the Commission under subsection (4). (6) Where a landlord is required to file receipts with the Com- where no rccciDts mission, the landlord may include expenditures for which the for ex- landlord has not filed receipts in his operating costs, financing P^nditures costs and capital expenditures but the unreceipted expenditures shall not exceed 5 per cent of the total of such costs and capital expenditures. 2. This Act comes into force on the day it receives Royal Assent. Commence- -^ ment 3. The short title of this Act is the Residential Tenancies Amendment siiort title Act, 1982. to ? *», rli Ci «1 ^ ^ w Cl ^ ^ X <&■ hH (^ r 2- ^ a. CA5 s Pi- •a Co >0 CO >3 <^ l-K a e cr O o. "* Cl *^. ««a. on W n C/l > a. 3 3 > ^-^ n ^ H o CD p 3 3 ;u fD 3 3 2. a BILL 52 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Residential Tenancies Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to revise the manner of calculating interest on rent deposits under the Residential Tenancies Act. BILL 52 1982 An Act to amend the Residential Tenancies Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Subsection 9 (4) of the Residential Tenancies Act, being chapter ^ 9(4), 452 of the Revised Statutes of Ontario, 1980, is repealed and the ""^'^"^^ ^ following substituted therefor: (4) A landlord shall pay annually to the tenant interest on the interest rent deposit at a rate of interest equal to the highest interest rate established for the most recent series of Canada Savings Bonds issued before the date of the rent deposit interest payment. 2. This Act comes into force on the day it receives Royal Assent. Commence- ment 3. The short title of this Act is the Residential Tenancies Amendment Short title Act, 1982. bo ^ ^ ^. <2 § ^ w «i ^ § a O- HH «i r X Oi ►^ ^ Kj -^ s ^ ?5. >3 >3 <^ c^ 51 a ?^ S- r*». ,S S' 0"=! OTQ > •o ►-* <-t t/J 00 >3 CTi p a R. 94. s Orq 50 s > C. "^ BILL 53 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Residential Tenancies Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to authorize the Residential Tenancy Commission to conduct an inquiry, on its own motion, to determine whether a tenant has paid an amount of rent in excess of the amount permitted under the Act. BILL 53 1982 An Act to amend the Residential Tenancies Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Section 129 of the Residential Tenancies Act, being chapter 452 of ' '^'^' the Revised Statutes of Ontario, 1980, is amended by adding'*"^'"'" thereto the following subsection: (3) Despite subsection (2), the Commission may, on its own inquiry by motion, conduct any inquiry it considers necessary to determine whether a tenant has paid an amount of rent that is in excess of that permitted by this Part and where the Commission determines that an excess amount has been paid, the Commission shall order that the landlord pay the excess to the tenant and shall declare the rent that may lawfully be charged. 2. This Act comes into force on the dav it receives Roval Assent. Comnuiuc- IlHMIt 3. The short title of this Act is the Residential Tenancies Amendment ^''°''' ^'"^ Act, 1982. ba ^3 '^ f^. <2 ?5 g ^ W «> TJ § a O- (^ P 2- *3 S ex- OK, > 00 >3 Pi. ^ in > a 3 3 > o B^ r^ H O fD fa a 3 D> ft> 3 3 o CL BILL 54 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Residential Tenancies Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to provide authority to the Residential Tenancy Commission to order a reduction in the rent charged by a landlord where the landlord's financing costs are reduced as a result of lower interest rates. BILL 54 1982 An Act to amend the Residential Tenancies Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Section 131 of the Residential Tenancies Act, being chapter 452 of aJg^deci the Revised Statutes of Ontario, 1980, is amended by adding thereto the following subsection: (2a) Where the Commission determines that all or part of a rent ^,^'j"'^*'°" .^. , , . , -. . , , of financing mcrease is justified by increased financing costs caused by an costs increase in the prime interest rate, the Commission shall, on its own motion, review the rent increase and financing costs on an annual basis and where the Commission determines in a sub- sequent year that the financing costs have been reduced as a result of a reduction in the prime interest rate, the Commission shall order a reduction of the rent by an amount that is attributable to the reduced financing costs. 2. This Act comes into force on the day it receives Royal Assent. Commence- ment 3. The short title of this Act is the Residential Tenancies Amendment short title Act, 1982. ba 5' »*. ?X >S 00 >3 crs r-^ «> & s' a ?i. " Pi. 00 l?d n in > 51 3 3 > n S] (-^ H O fD fa 3 3 fa a> 3 3 n a ?5' 3- > n BILL 55 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Residential Tenancies Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes The purpose of the Bill is to make several amendments to Part IX of the Ai i governing the procedure of the Residential Tenancy Commission. Section 1. Section 1 of the Bill contains an amendment to the Act that requires the Commission, when determining the real merits and justice of the case before it, to have regard to the interests of the tenants residing in residential premises that are maintained in good repair and fit for habitation. Section 2. Clause 103 (3) (a) of the Act states that a Commissioner is not disqualified from holding a hearing and determining a matter by reason only of the fact that the Commissioner attempted to assist the parties to the proceeding in settling the matter by agreement. This provision is repealed. Section 3. The proposed subsection 108 (2) of the Act requires the Com- mission to give two days notice to the parties before conducting an inspection under section 108 and to give the parties the opportunity to attend on the inspec- tion. BILL 55 1982 An Act to amend the Residential Tenancies Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Subsection 93 (2) of the Residential Tenancies Act, being chapter » w (2), 452 of the Revised Statutes of Ontario, 1980, is repealed and the " ^"^'^ ^ following substituted therefor: (2) In determining the real merits and justice of the case, the Commission Commission shall ascertain the real substance of all transactions substance'of and activities relating to the residential complex and the good faith fansacUons J. . , . . , . , . and activities, 01 the participants and, in doing so, etc. (a) may disregard the outward form of the transactions or the separate corporate existence of the participants; and (b) may have regard to the pattern of activities relating to the residential complex; and (c) shall have regard to the interests of the tenants residing in residential premises that are maintained in good repair and fit for habitation and in compliance with the by-laws of the municipality in which the premises are situated. 2. Clause 103 (3) (a) of the said Act is repealed. ^ lo^ (3) («)- repealed 3. Section 108 of the said Act is amended by adding thereto the * lo^- J. ,, . , ,. amended loilowing subsection: (2) Where the Commission proposes to conduct an inspection. Notice of the Commission shall notify the parties to the hearing at least two '"^''^'^ *°" days before the inspection is to take place and shall give the parties the opportunity to attend on the inspection. 4. This Act comes into force on the day it receives Royal Assent. Commence- ment 5. The short title of this Act is the Residential Tenancies Amendment Short title Act, 1982. Go ^ ■^ <». ^ S ^ W TJ ^ X o- c^ r -^ ^ 0^ > rv) T3 1-^ S 1-1 Co f^ >— '> ^* >3 00 >3 S- & " a. 0^ J' vO OK, 00 w tA > a. 3 ft) 3 > n 5] !-♦ H o m fa 3 3 &3 fD 3 3 o D- ft' ,_^ C/) &- > m BILL 56 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Residential Tenancies Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to authorize the Residential Tenancy Commission to order payment of a tenant's costs where the Commission has determined that the tenant paid rent in excess of the amount permitted by the Act. BILL 56 1982 An Act to amend the Residential Tenancies Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Subsection 129 (2) of the Residential Tenancies Act, being chapter '^ ^^^ *2), 452 of the Revised Statutes of Ontario, 1980, is repealed and the following substituted therefor: (2) Where, on the application of the tenant, the Commission Remedy determines that the tenant has paid an amount of rent that is in excess of that permitted by this Part, the Commission shall declare the rent that may lawfully be charged and shall order that the landlord pay to the tenant, (a) the amount of the excess rent paid to the landlord; and (b) the costs incurred by the tenant in bringing the applica- tion, including the tenant's loss of wages, if any, for appearing at a hearing, interest on the amount of the excess rent, and any other cost the Commission con- siders appropriate to be repaid to the tenant. 2. This Act comes into force on the day it receives Royal Assent. Commence- -^ ment 3. The short title of this Act is the Residential Tenancies Amendment Short title Act, 1982. ba ci g ^ W c^ Tl § X O- ►— ( c% r 0-, >3 Pi- CA5 t\J 1— I s 1-1 o. R_ ^* >3 00 >3 c^ c% B ? G Pi- 1— ' 00 a. n ►2 > a 3 3 > rf- o 5] (-*- r-f- H O fD &} 3 3 v> fB 3 3 o CL ch V > rv) "o 1-^ S »-( c^ R, '^ >3 00 >3 c^ <->■ <^ ;;i s- e S- ^ 00 » fp W) > a 3 3 > l-^ o ^ ^-^ H o ft p 3 3 JU n D 3 n O- ? > fn BILL 58 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Residential Tenancies Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to require a landlord who obtains vacant possession of a rental unit for the purpose of making repairs or renovations to the unit to apply to the Residential Tenancy Commission for an order determining the rent that may be charged for the repaired or renovated unit. BILL 58 1982 An Act to amend the Residential Tenancies Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The Residential Tenancies Act, being chapter 452 of the Revised ^ ^^^'^' Statutes of Ontario, 1980, is amended by adding thereto the fol- lowing section: 131a. — (1) Where the tenancy of a tenant is terminated on the Application to ground that the landlord requires possession of the rental unit for the purpose of repairs or renovations under section 107 of the Landlord and Tenant Act or subsection 52 (1) of this Act, the R so. i980, c 232 landlord shall not offer the rental unit for rent until the landlord has applied to the Commission for an order under subsection (2) determining the rent that may be charged for the rental unit. (2) Where an application is made by a landlord under section Determination 1/^ ••1111 •! r r 1°' ""^"^ ''^'" 126, the Commission shall determine the amount of rent for each renovated rental unit that is justified by, ""'^ (a) the costs of the repairs or renovations; and (b) the loss of revenue during the period that the repairs or renovations were carried out. (3) The rent determined under subsection (2) shall be the rent U"it to be at which the rental unit is offered, established rent (a) to a tenant who has a right of first refusal under sub- section 107 (3) of the Landlord and Tenant Act or sub- section 52 (5) of this Act; or {b ) where a tenant does not exercise a right of first refusal , to any other person who wishes to rent the unit. 2. This Act comes into force on the day it receives Royal Assent. Commence- 3. The short title of this Act is the Residential Tenancies Amendment ^^°^^ '•'■'^ Act, 1982. bo ^3 >« «j. cf g ^ w c^ TJ ^ S Cr «> P ;^ ►3 a. a. s r\j "O 1-^ S i-( Co a. "^ >3 00 >3 c^ r-K r^ Q l^- Ci CO (As 50 n K 3 3 > o 5] H o CD p 3 3 P n 3 3 n CL &• > fti BILL 59 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Residential Tenancies Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to provide a procedure for the Residential Tenancy Commission to review rent increases allowed by the Commission for the purpose of financing major repairs by a landlord. If the Commission determines tTiat a landlord has not carried out the repairs or that the cost of repairs is less than the cost forecast by the landlord, the Commission may order a reduction of the rent increase. BILL 59 1982 An Act to amend the Residential Tenancies Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The Residential Tenancies Act, being chapter 452 of the Revised » i3ia, Statutes of Ontario, 1980, is amended by adding thereto the fol- lowing section: 131a. — (1) Where, in an application under section 126, a Major landlord indicates that one of the reasons for an intended rent increase is that the landlord wishes to make major repairs to the residential complex and the Commission allows an increase for this purpose, the Commission may conduct a hearing, a reason- able time after the increased rent takes effect, to ensure that the repairs have been carried out. (2) Where the Commission, after a hearing under subsection (1), o^der reducing determines that major repairs proposed by the landlord have not rent increase been carried out or that the cost of repairs is less than the cost forecast by the landlord, the Commission may reduce the amount of the rent increase and may order the landlord to reimburse the tenant for the amount of any excess rent paid to the landlord from the date that the previous rent increase took effect. 2. This Act comes into force on the day it receives Royal Assent. Commence- -^ -^ ment 3. The short title of this Act is the Residential Tenancies Amendment Short title Act, 1982. ta ^ ^ «^. «5 ?i g ^ W CTi T) S K <3- l-H i:t> r 2- ^ a, s (As ru S 0^ >-< 0-1 ei- 3 00 ^ c^ a ?3 ? ?! ^ ■^ a, vO 00 0^ 50 en > a 3 3 > n S' ^-^ H O ft) B3 i3 3 &5 fD 3 3 n a en ?■ > m o BILL 60 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to provide for the Institution of Complaints for Certain Assessments made in the Year 1981 in the City of Toronto The Hon. G. L. Ashe Minister of Revenue TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to deem assessment complaints to have been lodged by owners or tenants of properties the assessment roll numbers of which are set out in the Schedule. The assessment roll numbers set out in the Schedule are for residential properties in the City of Toronto the assessed value of which (as shown in the assessment roll returned in 1981) increased over the previous assessed value. The properties indicated in this Schedule are those for which no complaint under the Assessment Act was made within the time provided by the Act. This Act deems complaints to have been made with respect to the assessed values of those properties without the necessity of a formal notice of complaint. Section 2 of the Bill provides that the Minister of Revenue will give to the regional registrar of the Assessment Review Court the names and addresses of those deemed by this Act to have complained about their assessments. The reg- ional registrar will then be able to comply with the provisions of the Assessment Act to give notice to the complainant of the time and place where his complaint will be heard. Section 3 of the Bill provides that the assessment commissioner is to inform by mail each complainant to whom this Bill applies of his right to have his assessment reviewed by the Assessment Review Court. Section 7 of the Bill provides a procedure whereby the Minister of Revenue, by regulation, may remedy the inadvertent omission from the Schedule to the Bill of any real property that should have been included in the Schedule. BILL 60 1982 An Act to provide for the Institution of Complaints for Certain Assessments made in the Year 1981 in the City of Toronto HER MAJESTY, by and with the advice and consent of the Legislative^ Assembly of the Province of Ontario, enacts as follows: 1 . Each owner or tenant, as the case may be, who on the 12th Complaints dccmcQ day of January, 1982, owned or occupied real property the asses- instituted sed value of which was shown on the assessment roll for the City of Toronto returned on the 22nd day of December, 1981 under an assessment roll number set out in the Schedule hereto is deemed to have given to the proper regional registrar of the Assessment Review Court a notice in writing referred to in subsections 39 (1) and (3) of the Assessment Act that such owner or tenant, as the R so. i98o, c. 31 case may be, considers himself aggrieved as having been assessed too high with respect to the real property the assessment of which is shown in such assessment roll under the assessment roll number set out in the Schedule hereto. 2. The Minister of Revenue shall, as soon as is reasonably Minister • • rri-A r i'° provide practicable after the commg mto force of this Act or of a regula- complainants' tion made under this Act, transmit to the proper regional regis- addresses trar of the Assessment Review Court the names and addresses shown in the property assessment records of the Ministry of Revenue for all persons deemed by section 1 or a regulation under this Act to have given notice in writing under section 1. 3. The assessment commissioner for the City of Toronto, as Complainant to be soon as is reasonably practicable after the coming into force of informed this Act, shall inform in writing by ordinary mail each person deemed by section 1 or by a regulation made under this Act to have given notice in writing under section 1 of that person's entitlement under this Act to have his assessment (the assessment roll number of which is shown in the Schedule hereto or in a regulation made under this Act) heard and disposed of by the Assessment Review Court. R.S.O. 1980, c. 31 to apply to complaints R.S.O. c. 31 1980, 4. Where a notice in writing is deemed to have been given under section 1 or by a regulation made under this Act, each owner or tenant, as the case may be, of real property who is deemed to have given such notice may have the complaint that he is so deemed to have made concerning his assessment dealt with and disposed of by the Assessment Review Court, and by any court or tribunal on appeal, as though he had properly instituted the complaint under subsection 39 (3) of the Assess- ment Act, and the provisions of that Act respecting complaints and appeals apply. Interpre- tation 5. Any word or expression in this Act that is defined in the Assessment Act has the same meaning herein as in the Assessment Act. Conflict 6. Where the provisions of this Act conflict with those of the Assessment Act in any matter relating to the institution or proce- dure respecting complaints or appeals under the Assessment Act, the provisions of this Act prevail. Property 7. Where it is shown to the satisfaction of the Minister of Schedule Rcvcnue that, in respect of a parcel of real property the assess- ment roll number of which is not shown in the Schedule hereto, (a) its assessed value on the assessment roll returned for the City of Toronto on the 22nd day of December, 1981 for taxation in the year 1982 is higher than its assessed value for taxation in the year 1981; and (b) such parcel was assessed for taxation in the year 1982 as residential property containing fewer than seven sepa- rately assessed residential units; and (c) the increase in assessed value of such parcel for taxation in the year 1982 over its assessed value for taxation in the year 1981 is the result of alterations affecting its value that are substantially of the same type and character as those that took place for the majority of parcels of real property the assessment roll numbers of which are shown in the Schedule hereto and is not the result of the application of subsection 65 (3) of the Assessment Act, the Minister of Revenue may make regulations providing that the owner or tenant, as the case may be, of such parcels so omitted from the Schedule hereto shall be deemed to have given the notice in writing described in section 1, and the regulation shall specify the roll number of such parcel as shown in the assessment roll returned for the City of Toronto on the 22nd day of December, 1981, and upon the filing of the regulation, this Act applies to and in respect of such parcel to the same extent and as fully as if the assessment roll number thereof were included in the Schedule hereto. 8. This Act comes into force on the day it receives Royal Commence- ment Assent. 9. The short title of this Act is the City of Toronto 1981 Short title Assessment Complaints Act, 1982. oooooooo o o o o o ooooooooooooooo o o o o o o o o o o o o o o o o o o o o o o o o 3 o o o o o o o o o o o o o o o o o o o o 9 o o o o o o o o O o o o o o o o o o o o o o o o o o o o o o o o o o o o o o O o o o o o ? o 1 o 1 o 1 ? ? ? f o ? ? ? ? ? o ? ? ? ? ? ? o 1 o 1 o 1 ? o o 1 f ? ? < « o « » (0 N > « ft n i <0 ♦ e *•* ♦ 0> a o o i •♦ 0> n « o N (M />• o ft (< w rt o o ft »4 n •4 ft o o ft « n ft ft » N ft •• o o o o o o o o o o o o o o o O o e o o o o o o o o o O o •• o o o a o o o o o a o o o o o o o o o o o o o o o o o O o o « o » » ft 1^ » K « 9> ft N < tn in N rt o « o ft « o •t> 9 «« « o o (W « it f* « o o •• o o «• — n n •* •• ft n n « ♦ ♦ tf) d o "• •• ft ft •■ ,< •« ^ ft n n « « •« ^ •• 0» ^ M ft ft ft ft ft ft ft ft ft n n n rt n n «« o o o o o o o o ft o ft o ft o ft o ft o ft o ft o ft o ft o ft o ft o ft o ft o ft o ft ft ft o ft o ft o ft o ft o o o o o o o o o oooooooooooooo o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o e o o o o o o e o o i o i o 1 ? f ? o 1 o 1 o t o 1 ? o t ? o o 1 o 1 ? ? o 1 ? ? ? o 1 ? o o ? ? ? ? » ♦ ft « « o o « N <0 « e ft ft n o o - « o in ft A N <0 ft o lO o •4 in o in N « 0> o ft n lA c n « rt o " o o •• n n O ft n n n « « in o o •• •• ft M M f4 ^ ft ft n ♦ « •« ^ M M M M ft ft ft ft ft ft ft ft ft rt rt n rt rt rt »« ■« *« M m* wm *4 ft ft ft ft ft ft ft ft ft ft ft ft ft ft ft ft ft ft ft ft ft o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o e e o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o a o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o e o o o o o o o o o o o o t o 1 ? ? o 1 o 1 ? o 1 ? ? f ? o 1 ? ? ? f ? ? ? ? ? ? ? ? ? ? ? ? ? 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N. rf» « » ■O •• « 9 9 •x « 0> rt » « rt ♦ CM * 9 CM « rt 9 9 rt rt CM <0 » » M ♦ « N «« 9 « «* 9 ^m CM n in « « rt « •n 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 0> 9 9 «« (M N CM (M rt rt rt rt « <0 9 » 9 rt ♦ ♦ ♦ ♦ ♦ « ♦ in m rf» 9 »* M *4 CM CM CM CM CM CM CM CM CM N CM N rt rt rt rt rt rt rt rt rt rt rt rt rt rt rt rt rt rt rt rt rt rt rt rt rt rt rt « s N (^ ^ r* N N N N N N K N P" N (^ N N ^ ^• t N N N N N N N 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 e 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 1 ? 9 1 O 1 O 9 1 9 9 1 9 9 1 9 1 9 1 9 1 9 1 ? 9 9 1 ? ? 9 ? 9 1 ? 9 1 9 1 O 1 9 ? ? ? » « (M ♦ rt CM ■O rt (^ in » c^ CO ■n rt N « ♦ m rt rt 9 N CM CO 9 CM wm rt 9 CM rt * 9 « a 9 n in N 9 9 ♦ 9 9 9 « *« CM rt « <0 V N N N N N K N *. N V N N N ^ > r» N N N N K N ^ !»■ f- N fw ■^ 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 oooooooooo o o o o oooooooooo o o O o o o o o o o o o o> o o o o o o o o o O o o o o o o o o o O o o O o o o o o o o o o o o o o o o o o o o o o o o o o o o o o O o o o o o o o o o o o o ■ o o o o O o o o o o o o o o o o o O o o o o o e o o o o o o o o o o O o o o o o o o o 1 ? ? ? ? O 1 ? ? ? ? ? ? ? ? o 1 o • ? o 1 ? ? ? o 1 ? ? o 1 o 1 o 1 o 1 O 1 1 f « <0 » » •e 0» « <0 N n <0 « « N N » N <0 o * <0 CM 0. o « CO o « < m N « in o « in fte o M CM * o in 9m o (0 «M m ■0 N o o N N n o IM o o o o o O o o o o o o o o o O o o o o o o o o o o o o O 1 9 o o o o o O p o o o o o o o o O o o o o o O o o o o o o O ( 0 « « o N N N N N eO a « a 0> o o rt in <0 a e o S N (M (M (M (M n n 1 •) M N M N N N CM M eg CM A) (M 10 n N s P p s n 2 P P n n P P P P P P 1^ it ? t t i J e O o o O O o o o o o o o o o o o o o o o o o o o o o o O 1 0 o O o o o o o O O o O O o o o o o O o o o O o o o O o o O 1 D o O o o O o o O O o O O o o o o o O o o o O o o o o O o O ( O o O o o O o o O O o O O o o o o o O o o o o o o o o O o O ( O o O o o O o o O O o O O o o o o o o o o e o o o o O O o O < O o O o o O o O O O o O O o o o o o o o o o o e o o o O o O ( O ? ? o 1 o 1 O 1 ? ? o 1 O 1 o t ? ? ? o 1 o 1 T ? o 1 o o o 1 ? ? ? o o 1 o 1 ? ? " f fk N n (M <0 a 9 m •4 N N N tf) (M ^ •n « o » n N N o 9 in r» N « ( D •• « 4 (M n O IM e O o o O o O O o o O o o e o o o o o o o o o o o O O O 1 9 o o o o ? o ? p o o O O o o o o o o o o o o o o o o O o O o « « •o « f» N « « a o 0< o o o ♦ « o o o s a N (M (M t? m « « ♦ ♦ « * < • N N f^ N f» N N N f» N N N K N r» f» N f» (* ^ N s r- s N N »»• N N N O o o O O o O O o o O O e o o o O o o o o o o o o o O O o o O 9 o O O o o 9 o O O O o o O o 9 O O a o o O o O e o e e o O O O O O o o o O o o O o o O o O O o o o O O o O o o o o o O O O o O o o o O o o o o o O o O O o o o O O o O o o o o o O O O O O o o 9 O o O O o o O o O O o o o O O o O o o o o o o O O O O o o o O o O o o o O o O O o o o O O o O o e o o o ? ? O ? ? ? ? ? ? ? ? o t ? ? ? ? ? O 1 o 1 ? ? ? ? ? ? ? ? ? ? ? * « •« 0> O o o (M « 9* •0 in f^ in o ^ in .M in o (M 10 •0 c ^ * 10 m » m* ♦ in « 10 in <0 a 0> (M ,N « o « (M * 10 « « « N e o *4 (M 10 o p4 O o O O O o o o O o O o o o O o o O o o o O O o O O o o o o o o o O o o ? o O o O o o o o e o o o o o O O 9 z o o o o o « ■0 « •0 N ^ N N e « o » 9- o o « « « o e « « (M « eo 10 N tf) (0 in « in o « N ♦ o IM mm * in « (M « o N » «« (M « o CM CM 10 n ♦ *« ♦ m N CO o o o o o o o O o o o O o o o o o o o o o o o o o o o o o o o o o o O o o o o O o o o o o o « « « <0 ^ K N s N s o (D » 9 o o 10 in i^ n «0 ^ o «i N (M N (M f* N N N N s N N r- r> f» N N N ^ O o o o o o o o O o O O o o o O o o o O o o o o O O o o o o o O O o o o o o O O o o o o o O O o o o o o O O o o o o ? I ? ? ? ? ? in CM CM 10 o s o mm CM 10 o *« o o O o o o o o o e o o o o N (M CM CM 10 fO 10 o O O o o o o N N « l>i o e o o o o o o o o o o o o o o o o o o o o o o o o e o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o 9 o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o 1 ? o • o 1 ? o 1 o 1 ? ? o 1 o 1 ? ? o o t o 1 o 1 o i ? o o 1 o 1 ? ? ? ? ? ? ? o 1 » K » mm mm N 10 J2 9 « « ■n « N (0 « CM u m »0 (0 <0 mm »0 «« mm » o 9 « o n * <0 CM « <0 0> CM (0 o (M IM 10 N 10 o 10 m <0 CO o #4 IM CM ♦ o •* o o o o o o o o o o o o o o o o o o o o o o o o o o o o o 9 e o o o o o o o o e o o o o o o o o o o o o o o o o o o o o « <0 o o o 10 ^ o ^ o « s IM CM •M IM CM (0 •0 CM (M CM CM ff o o mm N N (M n r) rt * w tf) lO m in « in <0 « <0 « « » » 0> » o o o o •" "* " »• •• " •• *• •4 •* •* « « « ♦ ♦ ♦ ♦ « « « « « ♦ « * ♦ « « ♦ ♦ « « « « « « « # « « N ^ N N N N ^ N r- K > N N f» N i» N N N N 1* N N te N ^ N N o O o o o e e O o O o O o O o O 3 o O o o O o O O o o o O o o e o o o o o O o o o e o o O o C « o e O O o o o o o e o e o o o o o o o O o o o o o o o o O O o o O o o o o o o o n e o o o o o o o O o o o o o o o o O o o o O o o o o o o e o e o o o o o o o O o o o o o o o o O o o o O o o o o o o o o o o o o o o o o O o o o e e o o o O o e o o o o o o o o o o n ? ? • o o • ? ? O 1 o 1 o 1 o 1 ? ? ? ? o ? o 1 ? o A o 1 o ? ? ? o 1 o 1 o 1 ? ? « « «0 •4 « « n S P) <0 N » o o N o '6 <0 N N M n N » n n « (M n n ot •< < N M N I*) N N « w« o o u n « tfl o M n n o mm o o o o o o o O O o o o O o o o o O o o o o o o o o o o o o o o o o % o e o o o o o o o o o o o o o o o o o o o o o o ^ ^ n n N o o wm (W N (VI « rj n « m in in m •n m m « « « « « » » » 9 o o o o •• •• " •• — •* •* P4 •• * * « • « * « ♦ « ♦ « « < « « * ♦ « « « « ♦ « « « « « « « * N r« f- N N N s ,% I* r- N N N N N N N r» N N N s ^ ^ r- N N 1^ S o o o o o o O o o o o O O O O O O O o O O O o o o o o o o o ? ? ? ? ? ? ? in in f» >n in (M CM rj M — o ♦ (M O o o o o o o o o o o o e e o o o o o e o o o o o 9 o o o o o o o o o o o o o o o o o o o o O o o o o o o o o o o o o o o e o o o o o O o o o o o o o o o o o o e o o o o o o o O o o o o o o o o o e o o o o o o ? ? ? ? ? ? ? ? ? ? ? o 1 f ? ? ? ? ? ? ? ? .n eo a » « s ■n in N n « o o N n o N n n »4 M n tf> o o (M n « « o N n «0 * «« O «4 o o o o o o o o o o o o o o o o o o o o o O o o o <*> ^ lA in N N r>« r» N N o o o o o o N N N N o o o o c« rt •• o ? ? ? ? ? e « o> in •• « « M M (V, » O •• (M (VI o o o o o o o o o o o o o o o o ? ? ? o o n N a n (VJ ro o o o o o o eg n o o o o o o o e o o o ?????? f* « N « « O iti " o — t* n o o o o o o o o o o o o o o o o ? ? ? ? 0) 4 •• n o o o e o o o o ^ o Y t f o CO CO rf) CM » « Al ininmininmc^ o o ■e A O O M » » e> r. ^ ^ S N r^ O O O O O o f- ^ N N N N o o o o o o N ^ N f» ^ o o o o e iTiTi I iTTYi III (vi(viNnco«n«orf)in4N« c\jn(vio'0>oinnivi(vi«cMnin OOOOOOOOOOOOOO OOOOOOOOOOOOOO nnin oo>oo>«cw(vi(Mnnr) ■n 0> o M n n « lO 9 M M N N n m n n ♦ « * « tf) « 4) 10 rf) A lA in •n «\t • N !«• K s N N N f* N N N N N N N N N N p» N f» o O o O O o O O O O O O o O O O o O O O O O e 9 O O O o O o o o o o o o o o e o o o o o o o o o o o o o o o o o o o o o o o o o o o o e o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o e o o o e o o o o o o ? o 1 ? o o ? o 1 » o 1 o o 1 ? ? o 1 o 1 o 1 o 1 ? o 1 ? o 1 ? ? ? ? o 1 o 1 o 1 ? ? « « « tf) n n « 0> N «4 10 ♦ « c^ « CO « « M 10 » » 10 10 10 N CO o n ♦ o »4 •« «« « CM w* w* CM 10 o »4 (M n o 0* (M (0 o •m •0 m « ^ e « o o o o o o o o M o o o o o o o o o o o o o o o o o o o o e •>« ^ ^ o o o M o o o o o o e o o o o o o o o o o o o o o o o o » » o (0 n ♦ « fo CM CM M F) CO 10 10 ♦ ♦ « ♦ m rf> *n (Vi CM N N CM CM CM f) CO 10 to 10 •0 n CO CO 10 CO 10 CO n CO CO (0 CO CO 10 10 JJ 1* ? ? Jt it t t t t t iJ t t t Jt ;t i! it • ti ? o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o e o o o o O O O O O o O e e o o e e o o o o o e o o e e o o o o o o o O O o o O o o o o o o o o o o o o e o o o o o o o o o o o o o O o o 9 o o o o o o O o o o o o o o o o o o o o e o o o o o o o o O o o o o o o o o o o o o o o o o o o o o o o o o o o o o o O o o o o o o o o o o o o o o o o o o o o ? o 1 o t ? ? ? ? ? • O 1 ? ? ? ? ? ? ? ? ? ? o 1 ? ? ? ? ? ? ? ? ? o lO * CM o ♦ CM <> ^ » « (0 o N lO *• « (0 o « CO CD tm o « N 9 CM ♦ o o CM CM o «M (0 O •4 (M o 10 o CO !) <0 N N (0 0> o o o o o o o o o o o o o O o o o o o o o o o o o o o o o o ^ „ 3 o o M o o o o o o o O o o o o o o o o s; o o o o o o o a 0« o mm N (0 « •* CM CM (M N IV N N N N N N N N N N N N N K o o o O O O O O O o O o o o o O o o o o o o o o o o o o o o o o o o o o o o o o o o e o o o o o o o o o o o o e o o o o o o o o o o o o o e o o o o o o o o o o o o o o o e o o o o o o o o o o o o o 9 o o o o o o o o o o o o o o o e o o o o Q o o o o o o o o o o o o o o e o o o o o o o o o e o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o ? ? o 1 o ? ? ? ? ? ? o ? o ? ? ? ? ? ? o ? ? f ? ? ? ? o ? ? » o CO *• o in lO « ♦ 10 CM 0> CO « CO « o » N 9 * » « « a «« * d o o (M CM o CM o flC« M CM o tm M CO o o mm CM ♦ ^m CM 10 lA <0 K B 2 o o o o o o o o o o o o o o o o o o o o o o €f o o o o o o o M m* o o o o o o o o o o o o o o e o o e o o o o o o e o o o 9 9 o •« CM CO « m «k v« (M CM CM CO CO CO CO ♦ « « « « rft «n in in tf) m tf> lO M CM (M CM CM CM (M CM CO CO CO n CO CO CO 10 CO CO 10 (0 CO CO CO CO CO 10 CO CO n t * N f « ♦ N « « i! 1* * • N • o o 6 o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o 9 9 9 9 9 9 9 9 9 9 9 o o o o o o o o o o 9 9 9 9 9 9 9 9 9 9 o o o o o o o o o 9 9 9 9 9 9 9 9 9 O 9 o o o o o o o o o 9 9 9 9 9 9 9 9 9 9 9 o o o o o o o o o 9 9 9 9 9 9 9 9 9 9 9 ? ? o o 1 o o 1 o 1 o 1 ? 9 1 ? 9 1 9 1 9 1 9 1 ? ? 9 I ? 9 1 K r» «« m ^ CM « 9 CM « N »• CO CM 9 ^ 10 *• (0 9 #4 o (M o *4 P4 •i« CM (0 tm CM •0 « 9 •i* o o 9 o o o o o o 9 9 9 9 9 9 9 9 9 9 9 M M o o o o *4 o o 9 9 9 9 9 9 9 9 9 9 9 » > o o (M n (0 in N 9 CM CM CM CM CO CO CO 10 « « .^M in in in in CO D rt CO ^ CO n 9999999999909999 21 o o o o o o o o o o o o o o oooooooooooooooooooo o o o o o o o o o ooooooooooo O O o o o oooooooooooooo o o o O o o o O O o o o O O o o o O o o o o O o o O O o o o ? ? ? ? ? o 1 o i ? ? ? ? o 1 ? O 1 o 1 ? o 1 O 1 ? ? ? o 1 O o o 1 O i ? f ? o 1 in N lA o CO in mm ♦ « e < N ♦ « « n N in 10 « in « 10 N » « o o •4 (M n ♦ « m » » 0> » » » « in lA <0 <0 « i 10 n n n n n n rt n n 10 n n 10 10 n 10 10 « ♦ « « « « « « ♦ 5 « * ♦ * « « < ♦ « « « ♦ « ♦ « « ♦ • « « ♦ ♦ « ♦ « « ♦ « ^ N !<• > N ^• N N N N N N N f* N N N ^ N /^ ^> N N ^ N N N N f* fk o o O o o o O O O O O O O o O o O o e o o O o o O O o e o o o o o o O O o o O o o o e O o o o o o o O o o e o o o O O o o o o o O O o o O o o o o O o o o o o o O o o o o o o O O o o o o o O O o o O o o o o O o o o o o o O o o o o o o O O o o o o o O O o o O o o o o O o o o o o o O o o o o o o O o o o o o o o O o o O o o o e O o o e o o e O o o e o o o o o o o 1 ? ? o I o o ? o 1 ? o 1 o 1 o 1 ? ? ? o 1 o o 1 ? ? (f o o 1 o 1 ? ? o 1 o 1 o 1 ? « » N n <0 N o (VI lO « o « •e O (VI o (VI (VI (VI (0 o O o e o o o o o o o o o o o O' p o o o o O o o o o o o o o o o o o o o o o o o o o e o o o o o o o o O o e o o o o o o « « o « « « « « a eo CO o « a « » 9 o » 9 0> •a in in in <0 « c « n n 10 10 10 •0 10 n 10 10 10 10 (0 •0 10 (0 n «0 fi n (0 ♦ « « « ♦ « « « ♦ « « « * « ♦ * ft « * « « « « ♦ ♦ « « « ♦ « « « « « « « « « « r- (* s K N f N K 1* f» N N N N K N r» N N N N N N (* f» !«• N N p» N o o o O O o o O o o o o O o o o o o o O o o O o o O O O o o o e e d e o o e o o o o o o o o o o o o o o ? ? o 1 ? ? ? ? ? o ? ? ? f 9 o (0 o « » « f* « <0 <0 O N 10 10 « m in « 0m (VI (0 ♦ « e o o o o o o o o o o o o o o o o o o o o o o o o o <0 N I* N N N N f* N N N N o o o o o o o o o o o e e It S (0 o o o e O o o o o O O o O o o O o o o O o o o o O O o o o o O o o o O o o o o O O o o o o O o o o o o o e o o o o o o o O o o o o o o o o o o o o o o o o o 1 ? ? I o t I 1 ? ? ? •4 1 ? ? ? ? » p4 » «VJ « N m* N o N a c w4 10 10 in <0 « ^ 10 wm *« «« (VI (VI ro o o o o o o o o o o O o o o o s o o o o o o o o o O o o o o » 0> 9 0" 0> 9 04 in *n « <0 <0 « 10 (0 n (0 10 10 10 « ♦ « « ♦ « « « ♦ « « « ♦ # * « « « ♦ « « ♦ ♦ N ^• N h> (^ f» N N N N N N N N (» O O O o o o O O o O O O O o o o o O o o O O O O 3 o O o o O e o o O O O o o o O O o O O o o o O o O O O O O 9 o O o o O o o o O O O e o o O O o O O o o o O o o O O O O O o O o o O o o o O O o o o o o O o O O o o o O o o O o O O O o O o o O o o o O O o o e o o O o O O o o e O o o O o O O O o O o o O o o o O O o o e o o e e O O o ? A O ? o ? ? 7 ? ? I ? o 1 I ? ? ? ? ? O 1 T ? ? ? ? ? ? O 1 ? o r), m a h- o N »0 eo N 0> e » 1*. in o CO n 9 « m N N o *« (VJ (0 « in in « o (VI n « .n <0 CO (VI ro ♦ « lO h" «« CM o O (VI (VI ro o O o o o o o o o o o o o o o o o o o o o o e O o o O o o o o ■o o o o o o o o o o o o o o o o o o o o o o o o o O o o o £ lA o o o o « « o o lA lA o o o o o I rt <» m * o o 9 9 e o o o o o o o o o o o o o o o o e o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o N o o o e o o o o o o o o o o e o o o o o o o O o e o 1 ? ? ? 7 ? o 1 o 1 ? ? o 1 o o 1 ? ? ? o 1 o i ? ? ? T o 1 o 1 ? o ? O 1 ? o 1 9 « N n (M N <0 N « ^ n lA n lA 9 9 N ♦ « ♦ lA o N N n o (M (M n o N O N N 9 N lA <0 0* « ni « a 9 en ? > t iJ je lA > le H le lA 1^ IC lA le n lA N lA ^ le lA lA N t J2 lA 1* o o o o o o o o o o o o o o o o O o o o o o o o o o O o o e o o o o o o S o o o o O O O o O o o e o O o O O o o o o o o o o o o o o o o o o o O o o o o o o o o O o O o o o o o o o o o o o o o o o o o o o O o o o o o o o O o o o o o o o o e o o o o o o O o o o o o o o o O o o o o O o o o o o o o o o o o o o M o o o o o o o o o o o o o o o O o o e o o o o o o ? ? ? ? 7 ? ? ? ? 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O 1 ? o 1 o o ? •• A S •> J1 n in ■n 4) <0 in o o e o o o o e o o o 3 o o o o o o 3 3 o o o o o o 3 3 3 o o o 9 o o O O O o o o o o o O O ? o 1 ? o ? o 1 o 1 ? w* CO «<> CO rt * « « /> o -+> p ^ ft> < tr^ CD 3 > c C/3 n w OK, > t\J •d k^ s 2. Ol a- 1—' r* >3 (->■ a- «<4. s H- > s oq 0^5 3 O > ^ en O '-' <-:^^ o ^ O 2 n ^. 5-^ "• (-^ £:;• O "^ > s- r-f- fD |_| O 3 ^ '"^ 3 *-• , fCl r* H 3 c § ^ 5- § 3 3 BILL 60 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to provide for the Institution of Complaints for Certain Assessments made in the Year 1981 in the City of Toronto The Hon. G. L. Ashe Minister of Revenue TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 60 1982 An Act to provide for the Institution of Complaints for Certain Assessments made in the Year 1981 in the City of Toronto HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Each owner or tenant, as the case may be, who on the 12th Complaints . , deemed day of January, 1982, owned or occupied real property the asses- instituted sed value of which was shown on the assessment roll for the City of Toronto returned on the 22nd day of December, 1981 under an assessment roll number set out in the Schedule hereto is deemed to have given to the proper regional registrar of the Assessment Review Court a notice in writing referred to in subsections 39 (1) and (3) of the Assessment Act that such owner or tenant, as the ^^j^ ^^^°' case may be, considers himself aggrieved as having been assessed too high with respect to the real property the assessment of which is shown in such assessment roll under the assessment roll number set out in the Schedule hereto. 2. The Minister of Revenue shall, as soon as is reasonably Minister - , . . J. 1 to provide practicable after the coming into force of this Act or of a regula- complainants' tion made under this Act, transmit to the proper regional regis- addresses trar of the Assessment Review Court the names and addresses shown in the property assessment records of the Ministry of Revenue for all persons deemed by section 1 or a regulation under this Act to have given notice in writing under section 1. 3. The assessment commissioner for the City of Toronto, as Complainant - to be soon as is reasonably practicable after the coming into force of informed this Act, shall inform in writing by ordinary mail each person deemed by section 1 or by a regulation made under this Act to have given notice in writing under section 1 of that person's entitlement under this Act to have his assessment (the assessment roll number of which is shown in the Schedule hereto or in a regulation made under this Act) heard and disposed of by the Assessment Review Court. R.S.O. 1980. c. 31 to apply to complaints R.S.O. c. 31 1980, 4. Where a notice in writing is deemed to have been given under section 1 or by a regulation made under this Act, each owner or tenant, as the case may be, of real property who is deemed to have given such notice may have the complaint that he is so deemed to have made concerning his assessment dealt with and disposed of by the Assessment Review Court, and by any court or tribunal on appeal, as though he had properly instituted the complaint under subsection 39 (3) of the Assess- ment Act, and the provisions of that Act respecting complaints and appeals apply. Interpre- tation 5. Any word or expression in this Act that is defined in the Assessment Act has the same meaning herein as in the Assessment Act. Conflict 6. Where the provisions of this Act conflict with those of the Assessment Act in any matter relating to the institution or proce- dure respecting complaints or appeals under the Assessment Act, the provisions of this Act prevail. Property 7. Where it is shown to the satisfaction of the Minister of Schedule Rcvenue that, in respect of a parcel of real property the assess- ment roll number of which is not shown in the Schedule hereto, (a) its assessed value on the assessment roll returned for the City of Toronto on the 22nd day of December, 1981 for taxation in the year 1982 is higher than its assessed value for taxation in the year 1981; and (b) such parcel was assessed for taxation in the year 1982 as residential property containing fewer than seven sepa- rately assessed residential units; and (c) the increase in assessed value of such parcel for taxation in the year 1982 over its assessed value for taxation in the year 1981 is the result of alterations affecting its value that are substantially of the same type and character as those that took place for the majority of parcels of real property the assessment roll numbers of which are shown in the Schedule hereto and is not the result of the application of subsection 65 (3) of the Assessment Act, the Minister of Revenue may make regulations providing that the owner or tenant, as the case may be, of such parcels so omitted from the Schedule hereto shall be deemed to have given the notice in writing described in section 1, and the regulation shall specify the roll number of such parcel as shown in the assessment roll returned for the City of Toronto on the 22nd day of December, 1981, and upon the filing of the regulation, this Act applies to and in respect of such parcel to the same extent and as fully as if the assessment roll number thereof were included in the Schedule hereto. 8. This Act comes into force on the day it receives Royal Commence- ment Assent. 9. 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O 1 O 1 ? ? ? ? o o 1 ? ? o 1 o 1 •• « <0 eo 0> ♦ N rf) (0 9 ^ a> N o « w ■e r* M f* ^ « o 0> « o N » N n « .o <0 n m • O 10 « « » w* Oi o o (M 10 o ma CM * ■n <0 0m n ♦ in o o o o o o o o o O o o o o a O o o O O o o o o o o o o o o o o o o o o o o o O o o o o o O o o O o o o o o o o o o o o o « 0> o o m* <\J M M 10 n n 10 n iA o o o •• — •« *• "• — •• •* «• •" N N M N N M N M M N M N N 10 <0 10 n n rt 10 10 n 10 n n n P 10 10 to n 10 10 n 10 P 10 10 iO P n 10 10 N > N 1^ t- > N 1* N •w N N N N »*• N T" N 1* »fc N N N N f» N > 5 r» O o o o o o O o o O o o O o O O o o O o o O o o O o o o o o o o e O o o o o o o o 3 o o o O 9 o o o o o 9 a 9 o o o o 9 o o o O o o o o o o o o o o O O 9 o o o o o O o O O o o o O o o o O o o o o o o o o o o O O o o o o o o O o O O o o o O o o o O o o o o o o o o o o O O O o o o o o O o O O o o o O o o o O o o o o o o o o o o O O o o o o o o O o O O o o o O ? ? ? ? o 1 f ? ? f ? ? ? ? ? ? ? ? o o 1 ? ? ? ? ? ? ? ? ? ? ? 10 tfl Jt « 9 10 10 o (M « « 1* fi n •0 o 04 f» 9 ■e .A « ^ « ♦ f* <0 N « O 10 10 10 e » o 10 * •e e «« (U m o «i4 N o *« N ■n « o 10 * in O o o o 9 o o o e o o o a o O o a o o o o o O o O o o o o o o o o o J o o o o 9 o o o o O o o o o % o o O o o o o o o o «0 « 9 o O M Oi M 10 10 10 10 •0 « « « o o ♦ « « ♦ « ♦ ■n in in M O o o •" •• — M •• •4 *< (M (M N N (M (M M (M N M N (U Al JO 10 (0 (0 10 p •0 10 10 fO 10 10 n n (0 n 10 P (0 n P (0 10 P »0 P 10 (0 10 P K l»» N ^ N !>• f» f» N s ^ 1^ N N N N r> t- N N A» N N r» N f» l» o o O o O o o o o o o o o o O O O o o o o o O O O O o o o e o O O O o o O o 9 O 9 O O 9 9 o 9 o 9 9 9 o o 9 9 O 9 9 o o o O 9 O o o o o O 9 9 O o 9 O o 9 O O 9 9 o o 9 9 O O 9 o 9 o O O O o o o o O 9 9 O o 9 O 9 o O O 9 9 o o 9 9 O O 9 o O o O O O o o o o O 9 O O o 9 O 9 9 O O 9 O o 9 9 9 O O O o O o O O o o o o 9 9 9 9 O o 9 O 9 9 O O 9 O o 9 9 9 O O O o 9 ? ? ? o 1 ? ? ? ? ? ? ? ? ? ? ? ? I ? ? ? ? ? ? ? ? ? ? ? ? ? « K o « O o C 0> •« 10 » « •0 ♦ N ♦ 9 M <0 n fU (0 O o 10 n (VJ <0 9 » <\J « « N «« 9 « wm O mm N 10 in « « 10 « in o o O o o o o o o 9 o o o O o 9 9 9 o O O O 9 9 o 9 9 o o o o o O o o o o o o 9 o o o O o 9 9 O o O o o 9 o o 9 9 o o o 3> s s o o #4 (M N Al (M 10 10 10 10 « « ■e » o 10 ♦ ♦ ♦ « « ♦ « in m lA o o »« M M r* N IM tn M IM N IM M N IM (M CM 10 n •n *» 10 « 10 10 rt 10 (0 n (0 10 rt •0 n n (0 n n 10 •0 n 10 •0 n 10 n n N N N N (^ ^• r» N N N N N N N N r- N f N N fk f" t r» IW N N h- N N O O O o o O o O O 9 O o o O O 9 9 o 9 9 o o 9 o O 9 9 o o O 00090999099 ? ? - 10 9 9 O O 9 9 9 9 9 09990999999999999 O O O O 9 O 9 O O O 0> 9 O (M (M CM 10 10 10 10 10 10 N N 9 9 9 9 9 I I I ifl 9 0> 9 — n 9 O O n n n n 9 9 9 9 9 O O O 9 9 9 9 O O 9 9 9 9 9 9 O O O O O O o o o O 9 9 O O o o O 9 ? o 1 ? O 1 ? O 1 O 1 a 1 o 1 ? ? ? CO (0 10 9 ^ CM « «4 9 2f o o « V« CM 10 « « <0 10 « lA o o o 9 9 9 o O a o 9 O o o o O 9 9 o o o o 9 9 o (0 « « * « « ♦ in •n n 10 n w rt p> N N N o o o o o o o o o o ? o 1 o 1 o 1 I o « 1 CO 1 1 N N (0 o N o o o o o o o o o o o o n ♦ o o it it i! o o o o o o e n rt o e o o o e o o O e O o o o O o O o o o e O o o o o o o e o e e e o o o o o O o o o o o O o o o o o o O o o o o o o o o o o o o o o o o O o o o o o O o o o o o o O o o o o o o o o o o o o o o o O O o o o o o O o o o o o o O o o o o o o o o o o o o o o o o O o o o o o o o o o o o o O o o o o o o o e o e o o ? I o 1 o 1 ? ? ? o 1 ? o 1 ? ? ? o 1 o 1 ? ? ? o 1 o t o 1 ? ? ? o o 1 o 1 ? ? ? N N n N <0 e 9 tf) p4 N N N *> N ^ n n n n n n n n o o o O o o o n n fl ro n l*» n n n n n n n n n n « « n n n n n « « ♦ « « * « N N ^ N !*• N t*- N f» N s N K N r- N N N t» ik s s f > ^ N )^ N s N O O o O O O o o o O o O e e o O O o o o o o o o o O o O o O o o o o O O O O OOOOOSOOOOOO 9 O O 9 O o o o o ooooooooo ooooooooo ooooooooo ooooooooo o o o o O O O o O O O o O o o o o o O o o o O o O O O O o o ? ? O 1 ? ? ? ? ? ? ? ? ? O 1 ? ? ? t o ? ? ? ? ? f ? ? ? ? ? ? * « 0* O o o (M * mm <0 in r^ in O' ^ in Al in CD N •0 •0 « ^ * fO m » m* ♦ in « n in <0 O » At tn « o * (M « « « « C N e o »« N 10 O »« o o o o o o o o O O O o o o O o o o o o o o o o o O o O o 9 o o o o O o ? o O O o o o o o e o o o o o o o d ^ O o o o o « c c •0 r- f» N N a a o » » o o « « « o a o a (M M CM (0 ro 10 N (M «M (M (M M n rt n 10 n 10 10 lO P « ♦ « « « ♦ « S N f» N N N N N N N N N N ^ s N N f N N N N N N f>" N s N f* o o o O O O o O O O o O o o o o o O o o o O e O O O O o o o o o o o o o o o o o o o o o o o o o o o o O 9 o O o o o o o o o o o o o o o o o o o o o o o o o e 3 o o o o O o o o o o o o o o o o o o o e o o o o o o o o o o o o o o O o o o o o o o o o o o o o o o o o o o o o o o o o o o o o O o o o o o o o o o o o o o e o o o o o o o o o o o o o o o o o o o o o ? ? ? ? ? ? o 1 ? ? f ? ? o o ? ? I ? ? ? o 1 ? ? ? I ? ? ? ? ? o •• o « ^ » « a 10 N in 10 in o in o ♦ N « o ft m ft ft (0 o a •« « in « N ♦ ■o N 9 «• N ♦ o (M N n 10 « *4 ♦ m N a o p« ft 10 o «4 »« o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o e o o o o o o o o o o o o o o o e o o o o « « « <0 N ^ N ^• N s o o 0> 0> o o 10 in a a a ?i a ft ft ft ft 10 (0 10 N IM N N (M N ft N N ft N Csi N N 10 (0 10 fO 10 n 10 n o o o o o o o «0 10 •0 <0 10 10 10 n 10 n •0 n n «0 .0 «0 10 10 n .0 ro <0 > N N N N N N r- N fk N K f» N N s N N N r- N s N fK N N ^ N o o o o o o O O O o O o o o o o O o o o O o O o o o o o o 3 19 o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o ? ? f o 1 o ? o 1 o o in o » o- n N « n v« « M o O o o o o o o ? ? I I (\t « >M n o o o o T I N a »« N O O eooooooooooooo o o o o o o o o o o o o o o oooooooo oooooooo oooooooo ? ? I/) o in •« ? ? ? o o ? ? o •« o o o o o o OOOOOOXM N N N N N o o ♦ ♦ « fc K ^ o o o o o o o o o o o ooooooooooo o o o o o o o o o o o o o 0 o 1 I o o o o o o o o o o o o o o O o o e O o o o o o e ? ? o 1 o 1 o 1 o 1 ? ? ? ? o 1 ? o 1 ? <6 n N n « N 9 O o N 0> <0 <0 N tf N m* N rt N N « ««« o o M n O o O o o O O O o o o o o o A I oooooooo oooooooo tntfiioiDiniAin'O o o o o o > o o o o ? ? «) n •« N o o e o 0 o 1 I n o o o o o o o o o e o o o o e e ? ? ? n n • — o •• o o o o o O O * ♦ ♦ N N N O O O o O d O O o O o o o o O O o o O o o o o o e e O o o o o e o o O O O O o O o o o o o O o o o o o o o o o o O o o o O O o o o o O o o o o o o o o o o o o o o o o o o o o o o o O o o o o o O o o o o o o o o o o o o o o o o o o o o o o o O o o o o o O o o o o o o o o o o o o o o o o o o o o o o e O o e ? o 1 ? ? ? ? ? ? o 1 ? ? ? ? ? ? ? ? ? ? ? o 1 ? ? ? ? Y ? ? ? ? W) tA N lA ■n <« « N ^ N N r» r» N N N N N N N ^ ^ O o O o o O o o o o O o o o O o o o o o o o O o o o O O o o o o o o o o 3 o o o o o o O O o O o O O o o o o o o o o o o o o o o o o o o o o o o o O O o o o o O o o o o o o o o o o o o o o o o o o o o o o o O O o o o o O o o o o o o o o o e o o o o o o o o o o o o o O O o o o o O o o o o o o o o o o o o o o o o o o o o o o o o O o o o o o o o o o o o o o o o ? o 1 o 1 I ? ? o ? ? ? ? ? o 1 ? ? ? ? ? ? ? ? ? ? ? ? I ? ? ? o n n o o * in »• o n N o N ♦ N « fO o o <0 n o « CM » ♦ CM rt »4 o « * *« (M (0 «4 (M 10 tf) ^m e w« CM n P) « o wm W4 CM n 4 o CM •« o o o o o o o o o o o O o o o o o o o o o o o o o o o o o o o o o o o o o o o o o O o o o o o o o o o o o o o o o o o M n n « (0 » o V4 N N (M n n n n « in ■n in in in m « o « « « J 4 > 4 N t 4 « N • o o o o o O o o o o o o O O o O o o o o o o o o o o o o o e oooooooo ? ? o 1 ? o 1 o o t (M CM N o OO 4 (0 CM CO CM o n n m O o o o o o o ? ? ? » O O •• CM CM CM OOOOOOOOOOOOOOOO OOOOOOOOOOOOOOOO OOOOOOOOOOOOOOOO OOOOOOOOOOOOOOOO I I m •• o o I I « n O M o o o > CM CM o o o o o o o ? ? CM o ? ? ? ? in ^ m in « ^ m « « lO 9 o e 0 o 1 I o •• N N N N O O ooooooooooo 20 OOOOOOOOO ooooooooo " " 'OOOOOO OOOOOOOOOOOOOOOO OOOOOOOO oooooooo o o o o o o o o o o o o o O o o o o o o O o o o o O O o O O o o o o o O o o O o o o ? ? ? o 1 ? o 1 o 1 ? ? T ? ? ? ? T o 1 O 1 ? ? ? ? o 1 ? ? o 1 o t ? ? o ? « N « « « rf) « o 0" « « o o o o » « 9 o (M « « « >0 « CM CM (M CM (0 10 n n « « * « tft w tf> lO W) in m lA «n N CM (W w N CM CM 10 n 10 10 « n n n rt n n n n 10 10 10 r» 10 n 10 rt « « « ♦ « « * « « « ♦ 5 « « ♦ ♦ « ♦ « « f « « « « « « « « « N r> V N N f» N N ^ K !<• N N N N N N N N s s N N N N N N f» h> f* O o O o o o o O o O O o O O O O O O O o o O O o o O O o o o o O o O o O o o e o o O O o o o o o o o o o o o o O o o o O o O o O o O o e o o o O O o o o o o o o o o o o o O o o o O o O o o o O o o o o o O O o o o o o o o o o o o o O o o o O o O o o o O o o o o o O o o o o o o o o o o o o o O o o o O o O o o o e e o o o o O o o o o o o o o o o o o o O o o e e o 1 O I ? o 1 o 1 ? o 1 o 1 o 1 o 1 O 1 f o 1 o 1 o t o 1 ? o ? ? ? ? ? o O 1 o 1 o 1 ? ? « « o tn to «0 N n « « > « eo « « — CM ro » 0> (0 10 fO CM to o n ♦ o •4 «« « (M v4 CM n o CM 10 o p« CM «0 o 10 m « ^ e e o o o o o o o o •• O o o O o o o o o o o o o o o o o o o o o v« ^ ^ o o o ^ o o o o o o o o o o o e o o o o o o o o o o o e » 9 o (0 .•0 « « r* CM CM CM 10 10 10 10 « * « « » « (0 o N •n ♦ « 10 o « CO e o » ^• 9 CM ♦ o w4 *4 o CM M (M o «« CM n o *4 CM o w* 10 o 10 rf> « t» N » o> O o o o o o o o o o o o o o o o o o o o o o o o o o o O o O ^ ^ 9 o o ^ o o o o o o o o o o o o o o o o s o o o o o o O 9 » O CM fO « in /* CM CM CM •0 (0 10 n • ♦ ♦ ♦ o in ■n m tf) in /) •A •• IM CM CM (M CM CM CM 10 .0 10 10 10 10 10 n (0 «0 n 10 10 •0 CO n 10 n (0 10 CO « « « « * « « « ♦ « « ♦ « * * « « ♦ « « ♦ * « « « 0 * « ♦ « N N N N f» N N N N 1^ N N N > N ^ N N N N N N s N N N N s N N O a O O o O O O O o O o o o o o o o o o o o o e O O O o O O o o o o o o o o o o o o o o o o o o o o o o o o o o o o 0 o o o 3 o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o e o o o o o o o o o o o 9 o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o 1 ? o 1 o 1 ? ? ? ? ? ? o 1 ? o ? ? ? ? I ? o ? ? f ? ? ? ? o ? ? 9 o (0 CO m 10 « •0 « o o N 9 9 9 lO « « ♦ o o o CM (M o (M o M CM o «« CM •0 o o »4 CM ♦ 94 9 o •« CM 10 « m «k v« (M CM CM 10 n 10 (0 ♦ « « « ♦ in in in in lA m « lA CM CM CM CM CM CM CM 10 •0 ro 10 10 n 10 n 10 •0 n n 10 10 n (0 10 10 CO n n t N « • ? * s • 9 o o 6 o o o o o o o o o o o o o o o o o o o o o o o o o o o ? ? o o O o o O e O O 9 e o O o o o e e o o o o o o o o o o o o o o o O o O O O o o O o o o o o o o o o o o o o o o o o o o o O o O o O o o O o o o o o o o o o o o o o o o o o o o o O o O o O o o O o o o o o o o o o o o o o o o o o o o o O o O o O o o O o o o o e o o o o o o o o o o o 1 o 1 o 1 o o 1 O ? O 1 ? O t o 1 o 1 ? ? I o 1 ? o 1 o 1 f o 1 ? ? ? ? o 1 ? o 1 m t- CM « 9> CM c N ^• •0 (M o N 10 o o <0 a « CM fO CM n « o m* CM « (M n l» N N r» N r» N r» !«• ^ r» f» ^ •^ O O O o O o O O O O o O o o o o o o o o o o O o o o o 9 21 e o o o o o o o o e o o o o o o o o o O O o o O O o o o o o o o o o o o o o o o o o o o o o o o o O O o o O o o o o o o o o o o o o o o o o o o o o o o o o o O O o o O o o o o o o o o o o o o o o o o o o o o o o o o o O O o o O o o o o o o o o o o o o o o o o o o o o o o o o o O O o o O o o o o o o ? ? ? ? ? o 1 o 1 ? ? ? ? o 1 ? ? o 1 ? o 1 o 1 o ? 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N N ^ f» N f* «>• N N N N K N f» N ^ N N N > > N N N N N N o o O O o o o O o o O O O O O O o O o O o o o o O o o o O O O e e 9 e e o o o e 9 o o o o o e e o 9 o o o 9 9 9 9 9 9 e O o o o o o o o o o o o o o o o 9 o o O o o 9 9 9 9 9 9 9 9 o o o o o o o o o o o o o o o o o o o O o o o 9 9 9 9 9 9 9 o o o o o o o o o o o o o o o o o o o O o o 9 9 9 9 9 9 9 o o o o o o o e o o e o o o o o o o o o O o o 9 9 9 9 9 9 9 e ? ? o t ? ? t ? ? o 1 ? ? ? ? ? ? o ? ? ? o 1 ; 1 ? ? ? 1 ? ? t ? o o (0 CD « 0> « f* (0 <0 « «« mt N » » 3> » 0" 0> 0> 0> » «4 m* M m lO « « « (0 10 «0 10 10 10 <0 10 n 10 10 n 10 10 10 (0 (0 n «0 10 n 10 « « « « ♦ « « ♦ O 9 9 9 9 9 N N N 9 9 9 9 9 9 9 N N N N 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 e 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 O O 9 9 9 9 9 9 9 9 9 9 e 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 O 9 9 9 9 9 9 9 O ? 9 9 t ? 9 ? 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I I ? ? in J ? ? a ? •4 to to « fO ♦ in CD » «4 M 8 8 m (M H N 3 « in 8 10 8 N < a 10 8 8 «« a a 3 8 3 a 8 8 8 •• 8 8 3 8 8 8 8 3 8 a 3 3 a 8 3 a a 8 8 a a 8 8 8 8 a 8 8 8 a 8 8 8 8 8 8 8 8 8 a 8 3 8 8 8 a a 8 8 a a a 8 (M N N N Oi N in m 10 « « ■a « CO N CO in o N iL 10 CO p4 <0 « in « c^ w4 8 < N 8 N (M c » to •n •* N 3 w* N 0* 8 •4 a N 8 3 8 8 8 8 8 a 00 8 3 8 8 8 8 3 8 8 8 a 8 8 a o a 8 a 8 a a a 3 8 8 8 8 8 8 8 8 3 8 8 3 8 8 3 8 a 8 8 3 a a a M 8 8 .« a K 3 N (M N N (\j N « « ^ m N 10 (0 •0 !>• » s i 8 0* ♦ N n « t in » » 9 n N irt a « M r> n n n ♦ « o •• "• n « « tf) lA O ■0 o o 9 9 9 9 m CM <0 s •■ M M m M m •• 9 « N <0 9 n n « * in O » 9 CO N n 1^ ai N n ro n n ♦ ♦ « •* •* N ♦ « ♦ m lA « 9 9 9 O 9 9 9 m " N 9 n « CM •* 9 •4 CM m s 9 CM *4 9 9 •4 9 (0 (M N CM 9 n n in CM «« 9 9 CM « M 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 s 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 a 9 9 9 9 9 9 9 9 9 % s a (M ■O « 9 9 9 •0 f * » 9 « (^ lA Pk n »4 n « ♦ a i> 9 n <0 » *4 N N 10 #4 * o « •• o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o ? n in N 91 « o ^ ^m 0) (W « in J} s J« J) « in ■n A * n o o o o o o O O o o o 3 o o o O e o 3 a O o o o o o a 3 3 o o o 9 o o o O o o o o O o o o O ? 3 1 ? o ? o 1 o 1 ? *« <0 •0 CO n « « o o o O o o N o o ■n o N if) o o s ■n •0 o O o n o « < ♦ « lA « H g 2. ffi o 2 O i-h p W n) t-^ < S > c C/5 CD X vO 00 05 00 > Nj ■a Pi- !-<_ >3 Oo c^ ^-^ P5 tr ei- ^■4. s H- ' 0^5 o 0«5 3 O > r^ 3 3 ^^ 1-" r-h ft) r-K C" ^ C/l O ■-< ;;+.t3 l_ O i-t o "« o 0° n ;^. •^ fa i-n r-^ £-• O ET 3 i-f O 3 ^ ■"^ 5 ^• H 3 c § 3 == o CI- 1-^ BILL 61 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Planning Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill authorizes municipal councils to refuse to issue demolition permits for the demolition of buildings containing six or more dwelling units so long as a statute of Ontario providing for mandatory rent review remains in effect. Tourist establishments, unsafe buildings and buildings whose coverage is SO per cent or less of the applicable maximum residential density are excepted. BILL 61 1982 An Act to amend the Planning Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) Section 45 of the Planning Act, being chapter 379 of the ». 4S, Revised Statutes of Ontario, 1980, is amended by adding thereto the following subsection: (3a) Without derogating from the council's authority under Council subsection (3), and despite sections 34 and 44 of the Ontario to issue Heritage Act, so long as a statute of Ontario imposing mandatory ''gj^/f °" rent review in the municipality remains in effect, the council may r so. iqso, refuse to issue a demolition permit for the demolition of any c 337 building containing six or more dwelling units, other than, (a) a building coming within the definition of tourist estab- lishment as defined in the Tourism Act; R.s.o. iqso, ' c. S07 (6) a building that is unsafe within the meaning of the Building Code Act; or R so. iqso, (c) a building that is built to a residential density that is 50 per cent or less of the maximum residential density which the council may by by-law permit under the offi- cial plan for the municipality. (2) Subsection 45 (6) of the said Act is amended by striking out s 4S (6), "subsection (7)" in the first line and inserting in lieu thereof "subsections (3a) and (7)". 2. This Act comes into force on the day it receives Royal Assent. Commence- -^ -^ ment 3. The short title of this Act is the Planning Amendment Act, 1982. Short title t» ^ ^ ■». r5 § ^ w «> Tl § X O- HH c^ r ^ a. Si > t\) "O t^ Pi. !-(_ <3 >3 ex. g' )— > s Or<5 vO 0^5 > 3 3 a 03 5* QTQ BILL 62 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Municipal Boundary Negotiations Act, 1981 The Hon. C. Bennett Minister of Municipal Affairs and Housing TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note Section 24 of the Act provides tiiat applications for an annexation or amal- gamation filed by a municipality with the Municipal Board before the 1st day of February, 1982 (the day of the coming into force of the Act) are to continue to be heard and determined by the Board. The proposed new subsection (3) authorizes a municipality that has filed such an application to withdraw it at any time before the Board has finally determined the matter, subject to such order as to costs as the Board may make. The proposed subsection (4) provides that on an applica- tion being withdrawn any notices of objection to the decision of the Board in respect of that application that may have been filed with the Clerk of the Execu- tive Council are deemed to be also withdrawn. BILL 62 1982 An Act to amend the Municipal Boundary Negotiations Act, 1981 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 24 of the Municipal Boundary Negotiations Act, 1981, s 24, being chapter 70, is amended by adding thereto the following sub- ^'"'^" ^ section: (3) A municipality that has filed an application under section Withdrawal 14 oi ihe Municipal Act with the Municipal Board prior to the 1st application day of February, 1982, may, at any time before the Board has R so. i980, made an order finally determining the matter, and subject to ^' ^°^ such order as to costs as the Board may make, withdraw the application. (4) Where an application is withdrawn under subsection (3), Wem any notice of objection to a decision of the Board made in respect of that application that is filed under subsection 14 (20) of the Municipal Act shall be deemed to be also withdrawn. 2. This Act shall be deemed to have come into force on the 1st day of Commence- February, 1982. ""'"' 3. The short title of this Act is the Municipal Boundary Negotiations Short title Amendment Act, 1982. ba o H g 5. ffi n" o 'V' B- p > ^ c^ l-t Z t/) Z &3 w 3 H O- H ffl o c w_ 5" orq (X5 > I^O T3 l>^ S R- !-<_ Co Cn a. a R- tir «*». s oq l_t s' vO 0^ S_ o" -o' B- o > 3 3 > ta r^ i-t v: O Z P n org 3 O CD c-h 3 £■ a o' 3 CD 00 BILL 62 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Municipal Boundary Negotiations Act, 1981 The Hon. C. Bennett Minister of Municipal Affairs and Housing TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 62 1982 An Act to amend the Municipal Boundary Negotiations Act, 1981 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 24 of the Municipal Boundary Negotiations Act, 1981, s 24, being chapter 70, is amended by adding thereto the following sub- sections: (3) A municipality that has filed an application under section withdrawal 14 of the Municipal Act with the Municipal Board prior to the 1st application day of February, 1982, may, at any time before the Board has R so. i98o, made an order finally determining the matter, and subject to*^ such order as to costs as the Board may make, withdraw the application. (4) Where an application is withdrawn under subsection (3), Wem any notice of objection to a decision of the Board made in respect of that application that is filed under subsection 14 (20) of the Municipal Act shall be deemed to be also withdrawn. 2. This Act shall be deemed to have come into force on the 1st day of Commence- February, 1982. 3. The short title of this Act is the Municipal Boundary Negotiations short title Amendment Act, 1982. o H ^ c 3 ffi n' o •5' £L n > <-t' z t/i z fa W 3 H a H ffl o c C£ 5' arq <— 1 > c 3 ^ ?^ n ©- ►"^ '^ ■3 >3 Ca >3 ? 3- p vO S' >— ' s H^ S 00 0^5 vO Orq o !A5 rsj 00 00 c 5. o* •5' ^ o c > 3 3 a > o ra r-*- >-« v; O :^ 09 Oq 3 O (D (-^ 3 5' CL r-f- o' 3^ 3 rt! 00 BILL 63 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Planning Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill gives additional enforcement powers to municipalities that have enacted property standards by-laws. Such municipalities may add the cost of correcting violations of the by-law to the owner's property tax bill and may enact by-laws authorizing tenants to pay rent to the municipality rather than to the owner until an order to repair has been complied with. Property standards offic- ers may have immediate repairs carried out in emergency situations. BILL 63 1982 An Act to amend the Planning Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) Subsection 43 (3) of the Planning Act, being chapter 379 of ^j^'*^^^^ the Revised Statutes of Ontario, 1980, is amended by adding thereto the following clause: (/) for directing any occupant of a property named in an order that has been confirmed or modified under this section to pay his rent to the treasurer of the municipal- ity until the order has been complied with, and for providing that such rent shall be applied by the municipality to reduce the amount of any lien against the property under subsection (21a) or (llj) and for providing that any balance held by the treasurer of the municipality shall be paid to the owner when the order has been complied with. (2) The said section 43 is amended by adding thereto the follow- p^^^Jj^"'^*^^ ing subsections: enacted (21a) Where the municipality has exercised its right to ^^^"J""" demolish or repair under subsection (21), the municipality has a demolition lien or charge upon the lands named in the order for the amount, °^ '^^^^^ as certified by the clerk of the municipality, expended by or on behalf of the municipality in connection with the demolition or repair. (2 16) The amount of a lien or charge created under subsection ^f"f^^"'"^"^ (21a) may be added by the clerk of the municipality to the col- lector's roll and collected in the same manner as municipal taxes over a period fixed by the council and is a lien and charge upon the lands named in the order until paid. (21c) Where upon inspection the officer is satisfied that a vio- ^^d'er^^"'^^ lation of the standards prescribed in the by-law poses an Power to repair immediate danger to the health or safety of any person, the officer may make an order requiring the violation to be corrected immediately. {21d) Upon the making of an order under subsection (21c), before the order is served, confirmed or modified in accordance with this section, the officer may immediately take or cause to be taken any measures the officer considers necessary to correct the violation, and the municipality in addition to all other remedies, (a) has the right to repair the property to correct the viola- tion and for this purpose with its servants and agents from time to time to enter in and upon the property; and (b) is not liable to compensate the owner, occupant or any other person having an interest in the property by reason of anything done by or on behalf of the munici- pality under this subsection, including anything done without notice to such persons. Service of order (21e) As soon as possible after a violation is corrected under subsection (lid), the officer shall serve or cause to be served copies of the order in accordance with subsections (7), (8) and (9) and may, at the same time, provide all occupants with a copy of the order. Contents of order (21/) An order made under subsection (21c) shall contain, (a) the municipal address or a local description of the prop- erty; (b) particulars of the violation and reasons why the officer believes the violation poses an immediate danger to the health or safety of any person; and (c) notice of the provisions of subsections (21g), {21h), (21i) and (21^"), and shall have attached thereto a statement by the officer setting out the measures taken by the municipality and the amount expended in doing so. Application to committee (21g) Upon service of an order made under subsection (21c), the officer shall apply to the committee for confirmation of the order. Committee's decision (21/?) Upon an officer's application under subsection (21g), the committee shall, (a) give every person upon whom the order was served a reasonable opportunity to make representations; and (b) if any person upon whom the order was served so requests in writing, inspect the property in the presence of that person, and shall confirm or refuse to confirm the order. {2li) The municipality or the owner of the property affected Appeal by a decision of the committee under subsection {21h) may appeal the decision in the manner and within the time set out in subsection (19). {2lj) Where an order made under subsection (21c) is con- Lien if firmed by the committee and not appealed, or where on appeal confirmed the order is confirmed by the judge, the municipality has a lien or charge upon the lands named in the order for the amount expended by or on behalf of the municipality, enforceable as provided in subsections (21a) and {21b). 2. This Act comes into force on the day it receives Royal Assent. Commence- ment 3. The short title of this Act is the Planning Amendment Act, 1982. Short title (30 ^ 2. «2 g ^ w «> '-a § X o- HH «> t-i ;^ a. s Qr<5 > t\J X) s !-<_ ei- "-^ >i (J\ «i 9) p- S" s' t— ' 1><5 o pi s > 3 3 3 3_ 5' BILL 64 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act respecting the Province of Ontario Savings Office Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill provides for an expanded Province of Ontario Savings Office with the power to make loans and offer financial services as well as receive deposits. BILL 64 1982 An Act respecting the Province of Ontario Savings Office HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, interpretation (a) "Fund" means the Savings Office Fund; (b) "Minister" means the Minister of Revenue; (c) "Province of Ontario Savings Office" and "Savings Office" mean the savings deposit facility operated under the Agricultural Development Finance Act; R.s.o. i98o, c. 10 (d) "branch" means a branch of the Savings Office. 2. The Province of Ontario Savings Office is continued under Savings the administration of the Minister. continued 3. The Minister may establish and operate branches at such Branches places in Ontario as he may choose. 4. — (1) The Minister may receive moneys on deposit in accor- Deposits dance with the regulations. (2) All moneys received on deposit and all moneys held on Part of deposit by the Savings Office on the day this Act comes into force form part of the Fund. (3) Moneys deposited with the Minister under this Act are Deposits subject to attachment in the same manner as moneys deposited in attachme°nt a chartered bank. 5. The Minister may, investments and loans (a) invest any moneys in the Fund in such securities and real property as he may choose; and Financial services (b) subject to the regulations, lend any moneys in the Fund upon such terms as may be agreed upon by the Minister and the borrower, may take security for any loan and may realize upon any security. 6. The Minister may, (a) make contracts with any person for the rental of safety deposit boxes at branches; Expenses to be paid from Fund (b) act as an agent for the sale of Canada Savings Bonds and travellers' cheques; and (c) offer such other financial services as may be prescribed by regulation. 7. — (1) All expenses of administering this Act, including interest payable on deposits, shall be paid from the Fund. Surplus (2) Any surplus in the Fund from time to time may be paid into the Consolidated Revenue Fund. Annual statements 8. The Minister shall within a reasonable time after the end of each fiscal year prepare and table detailed financial statements for the Fund. Regulations 9^ fjjg Lieutenant Governor in Council may make regula- tions, (a) fixing the terms and conditions on which deposits are received; (b) governing the making of loans from the Fund and the taking of security; R.S.O. 1980, c.lO, repealed Commence- ment (c) prescribing additional financial services. 10. The Agricultural Development Finance Act is repealed. 1 1 . This Act comes into force on a day to be named by procla- mation of the Lieutenant Governor. Short title 12. The short title of this Act is the Savings Office Act, 1982 . ^ 2 3" & ^ g ^ » «i ^ § K o- HH c^ f 2- Ga OK, > 00 >3 s (X5 > 3 rD o CD CT. ^ 3 orq D- lyj re o :? ^ o ?=;■ < o o o 3 BILL 65 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to prevent Conflicts of Interest in the Proceedings of Administrative Tribunals Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill prohibits former members and officers of tribunals subject to Part I of the Statutory Powers Procedure Act from acting as advocates before those bodies for a two-year period after ceasing to hold their positions. The same restriction is imposed on former ministers and deputy ministers in connection with tribunals under the administration of their former ministries. The maximum penalty is $10,000. BILL 65 1982 An Act to prevent Conflicts of Interest in the Proceedings of Administrative Tribunals HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In this Act, "tribunal" means a tribunal to which Part I of interpre- the Statutory Powers Procedure Act applies. j^gQ jggQ c. 484 2. No person shall, for a period of two years from the day on Conflict of which he ceases to be a member or officer of a tribunal, (a) appear as counsel or agent for any party before the tribunal; or (b) prepare any written material that includes his name or other identification for submission to the tribunal, except on his own behalf. 3. No person shall, for a period of two years from the day on Wem which he ceases to be a minister of the Crown or a deputy minis- ter, (a) appear as counsel or agent for any party before a tri- bunal that is under the administration of his former ministry; or (b) prepare any written material that includes his name or other identification for submission to such a tribunal, except on his own behalf. 4. Every person who contravenes this Act is guilty of an Offence offence and on conviction is liable to a fine of not more than $10,000. 5. This Act comes into force on the day it receives Royal Commence- . ment Assent. Short title g. The short title of this Act is the Tribunals Conflict of Interest Act, 1982. ba ^ ^ «^. s ^ » c^ ^ s X O" c^ t" 2- hi 0^3 INO T3 S 1-1 a. ' — ' >3 O Cfe a ? ?i< **k. s (— * Orp o hH > > 3 3 a 3 ff 3 > 5 r* r^ Ul 1.^. o ^-^ 3 i-t <-h r*_ tr <" O) < H 3 3 2 o n a. n o 3 —t' !=3 3 BILL 66 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Labour Relations Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to repeal a provision of the Act that prohibits the inclusion of security guards in a bargaining unit. The repeal of this provision would permit security guards to join or establish an association or union for collective bargaining purposes. BILL 66 1982 An Act to amend the Labour Relations Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 12 of the Labour Relations Act, being chapter 228 of the » 12, Revised Statutes of Ontario, 1980, is repealed. repeae 2. This Act comes into force on the day it receives Royal Assent. Commence- ment 3. The short title of this Act is the Labour Relations Amendment Act, Short title 1982. Pi- (X5 >-< Co R- t^ «r^ >3 h- >0 «> vO «s ? & ?:i. ^». S ,_i s' 0^ vO 0^5 t-^> ca 3 cr o > c n l-t ?o r-l- o ^ ST &3 3 o' fD 3 a Cfi a- BILL 67 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Labour Relations Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to delete the exclusion from the definition of "employee" of persons who exercise managerial functions. The effect of the amendment is to permit these persons to join or establish an association or union for collective bargaining purposes. BILL 67 1982 An Act to amend the Labour Relations Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Clause 1 (3) (b) of the Labour Relations Act, being chapter 228 of *■ ' (^) (^)' rc-cnsctpfl the Revised Statutes of Ontario, 1980, is repealed and the follow- ing substituted therefor: {b) who, in the opinion of the Board, is employed in a confidential capacity in matters relating to labour rela- tions. 2. This Act comes into force on the day it receives Royal Assent. Commence- -^ ■' ment 3. The short title of this Act is the Labour Relations Amendment Act, ^h*""' ^'^le 1982. > u Kj X} l>4 ■^ s !-!_ 0, ©. Pi- ►^ >3 >3 >3 o- ?x ?5, ^*4. f^. s s 1— 1 s OfO on? 00 0^ t^ > 03 3 cr o > c o >-t r-t- ^ O O) 3 o' O) 13 3 t/i a BILL 68 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Grown Employees Collective Bargaining Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes The purpose of the Bill is to repeal certain provisions of the Crown Employees Collective Bargaining Act that restrict the composition of collective agreements negotiated under the Act. Section 1. Section 14, as it now reads, is set out below: 14. No collective agreement or decision of a board shall contain any term which would require either directly or indirectly for its implementation the enactment or amendment of legislation except for the purpose of appropriating moneys for its implementation. Section 2. Subsection 16 (3), as it now reads, is set out below: [3] No collective agreement shall contain a provision which would require, as a condition of employment, membership in the employee organization. Section 3. Subsection 18 (1), as it now reads, is set out below: (1) Every collective agreement shall be deemed to provide that it is the exclusive function of the employer to manage, which function, without limiting the generality of the foregoing, includes the right to determine, {a) employment, appointment, complement, organization, assign- ment, discipline, dismissal, suspension, work methods and procedures, kinds and locations of equipment and classification of positions ; and (b) merit system, training and development, appraisal and super- annuation, the governing principles of which are subject to review by the employer with the bargaining agent, and such matters will not be the subject of collective bargaining nor come within the jurisdiction of a board. BILL 68 1982 An Act to amend the Grown Employees Collective Bargaining Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 14 of the Crown Employees Collective Bargaining Act, * i"*' being chapter 108 of the Revised Statutes of Ontario, 1980, is repealed. 2. Subsection 16 (3) of the said Act is repealed. * ^^ l^) repealed 3. Subsection 18 (1) of the said Act is repealed. s. is (i), repealed 4. This Act comes into force on the day it receives Royal Assent. Commence- ■^ ^ ment 5. The short title of this Act is the Crown Employees Collective ^^°^^^^^^^ Bargaining Amendment Act, 1982. bo ^ 2 ^' g w c^ ^ «1 o- «> o w ^ Z c-r N > l\J "O s >-! a- ^^ >i c^ l-t- R cr a- ■* C<^. 0^ >0 0^ cr n o Co 3 fa W > o o _ t/i ft, BILL 69 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to provide for the Employment of Disabled Persons Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to provide employment opportunities for disabled persons. The Bill requires that employers hire disabled persons to constitute at least 3 per cent of the employer's work force. The Bill permits the Minister to vary this percentage requirement in cases where the Minister considers another quota to be more suitable. In addition, the Minister may exempt an employer or class of employers from the operation of the statute. The Bill establishes a register of employable disabled persons to be maintained by the Ministry for the purpose of facilitating efforts by employers to meet the quota established by this Bill. BILL 69 1982 An Act to provide for the Employment of Disabled Persons HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, interpre- tation (a) "disabled person" means any person suffering from a serious and prolonged physical disability; (b) "Minister" means the Minister of Labour; (c) "Ministry" means the Ministry of Labour; (d) "register" means the register of disabled persons established under section 4. 2. — (1) Every employer shall ensure that at any point Employment in time the number of disabled persons who are employees persons of the employer is at least 3 per cent of the total number of employees of the employer. (2) Notwithstanding subsection (1), the Minister may, by Minister order, establish a quota for an employer or class of employers qu^ta^ that is greater or less than the quota established under subsection (1) where the Minister is of the opinion that the quota established under subsection (1) is not suitable to that employer or class of employers. 3. — (1) No employer shall hire any person other than a dis- Prohibition abled person if the number of disabled persons employed by the employer is less than the employer's quota established under section 2. (2) Subsection (1) does not apply to an employer who hires a Exception person, {a) as a result of an agreement to reinstate the person entered into before the day on which this Act comes into force; {b) in accordance with an order or permit issued by the Minister under section 5. Register 4^ — (J) Xhe Ministry shall establish and maintain a register of disabled persons for the purpose of facilitating the hiring by employers of disabled persons and the register shall record the name, address, qualifications, skills and the nature of the disability of each person registered therein. Disabled person entitled to be registered Exemption order Offence (2) Upon application, a person is entitled to be registered by the Ministry as a disabled person for the purposes of this Act if, {a) the person suffers from a physical disabihty that harms the person's prospects in obtaining employ- ment; and (b) the person is capable of performing work in one or more work situations without causing danger to other employees. 5. Upon application, the Minister may, by order, {a) exempt an employer or class of employers from the operation of this Act ; (b) permit an employer to hire one or more persons who are not disabled persons for purposes set forth in the order. 6. — (1) Every employer who contravenes this Act is guilty of an offence and on summary conviction is liable , (a) if an individual, to a fine of not more than $1,000; or Opportunity to comply Regulations {b) if a corporation, to a line of not more than $10,000. (2) No prosecution against an employer shall be in- stituted under this Act unless the employer is notified of the intent to bring a prosecution and afforded a reasonable opportunity to show or achieve compliance with this Act. 7. The Lieutenant Governor in Council may make regu- lations. (a) prescribing additional types of information to be recorded in respect of each disabled person registered in the register; {b) governing the types of information to be supplied to the Ministry by each disabled person registered in the register; (c) governing records to be kept and reports to be provided by each employer concerning the disabled persons employed by the employer. 8. This Act comes into force on a day to be named by Commence- mGnt proclamation of the Lieutenant Governor. 9. The short title of this Act is the Disabled Per50»5 short title Employment Act, 1982. Oa ^ '^ 7^. h-^ ca S a W «> ^ ^ Cfc <3- n w ^ :z; o. N > U) tV) T3 1-^ ;5 S 1-1 Ol ?5- O. ^ ■^ >3 >2 r-^ a » cr p) Pi- Pi. S S H-^ S 0^ 0^ CX) 0^5 w H- > o' 3 v; 3 (-0 > o t3 <-^ s O H+, "O d O K* < P a cr ft) fT i-n a O >-( ^ <-♦ n tr ^ fD o 3 BILL 70 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Employment Standards Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to ensure that no employee engaged in the preparation or service of food in a tavern, restaurant, hotel, motel or tourist resort be required, as a term or condition of employment, to work while nude or partially nude. BILL 70 1982 An Act to amend the Employment Standards Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . The Employment Standards Act, being chapter 137 of the Revised ^ i5a, Statutes of Ontario, 1980, is amended by adding thereto the fol- lowing section: 15a. — (1) No emplover shall require as a term or condition No employer ^ ,' 1 1-1 ■ to require of employment that a person engaged m the preparation or nudity service of food or drink in a tavern, restaurant, hotel, motel or tourist resort be nude or partially nude while so engaged. (2) In subsection (1), a person is partially nude when the interpre- . , , . , , tation person is dressed in such a manner that one or more parts of the body that are usually clothed in public are visibly exposed to public view. 2. This Act comes into force on the day it receives Roval Assent. Commence- ■^ ' ment 3. The short title of this Act is the Employment Standards Amend- short title ment Act, 1982. 5" Co bo OS OK, S' n W 3 *2- > o" 3 3 > o (D r-t- 3 <-<■ r-f- o an ^ 3 3 ft) a 3 u> a BILL 71 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Employment Standards Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to require an employer to provide a leave of absence to any employee who has been elected to provincial or municipal office so that the employee may be able to carry out the duties of an elected official. BILL 71 1982 An Act to amend the Employment Standards Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . The Employment Standards Act, being chapter 137 of the Revised ^g'^^^sg^^) Statutes of Ontario, 1980, is amended by adding thereto the fol- enacted lowing Part: PART XI-A ELECTED OFFICIAL LEAVE 39a. No employer shall terminate the employment of ox^^^^^ lay off an employee who is entitled to a leave of absence leave under this Part by reason of that employee being an elected official. 396. — (1) An employee who has been elected to the ^b®e°takln Legislative Assembly or to a municipal public office and who has been employed by the employer for a period of three months preceding the date of the election shall be entitled upon application therefor to a leave of absence for the purpose of carrying out his duties as an elected official. (2) A leave of absence under this Part may be for a con- Duration ■ -1 •• <■! ri of leave tinuous period consisting of the whole or a part of the term of office to which the person was elected or for such inter- mittent periods of time during the day or week as the employee may feel is necessary to fulfil his duties as an elected official. (3) Where a leave of absence is for a continuous period, Notice the employee shall give the employer two weeks notice in writing of the day upon which the employee intends to commence the leave and shall set out in this notice the estimated duration of the leave. Idem (4) Where a leave of absence is for intermittent periods, the employee shall give to the employer notice in writing prior to commencing the leave of regular periods of time during the day or week that the employee intends to be on leave, but the employee is entitled to a leave of absence at other times where such leave is necessary for the employee to fulfil his duties as an elected official. Preservation of seniority Idem 39c. — (1) An employee who intends to resume full-time employment upon ceasing to be an elected official shall so advise the employer, and, upon returning to work, the employer shall reinstate or continue the employee in his position or provide alternative work of a comparable nature at not less than the wages of the employee at the time the leave of absence began and without loss of seniority or benefits accrued to the expiration of the term of ofhce other than seniority or benefits accrued during the times that the employee was on leave. (2) Where the employer has suspended or discontinued operations during the leave of absence of the employee and has not resumed operations upon the expiry thereof, the employer shall, upon resumption of operations, reinstate the employee to his employment or to alternate work in accordance with an established seniority system or practice of the employer in existence at the time the leave of absence began with no loss of seniority or benefits accrued to the commencement of the leave of absence, and in the absence of such a system or practice shall reinstate the employee in accordance with subsection (1). Employment standards officer may make order 39d. Where an employer fails to comply with the pro- visions of this Part, an employment standards officer may order what action, if any, the employer shall take or what he shall refrain from doing in order to constitute compliance with this Part and may order what compensation shall be paid by the employer to the Director, in trust, for the employee. Commence- ment Short title 2. This Act comes into force on the day it receives Royal Assent. 3. The short title of this Act is the Employment Standards Amend- ment Act, 1982. > r\j T3 S 1-1 a. ^^ >2 o «> a ?■ S- s' H^ 0^ o ^ >3 a a- (X5 13- W *o > O 3 n <-* &3 3 3 ft O- 3 &3 CL BILL 72 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Labour Relations Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to clarify that the Labour Relations Act applies to employees who are engaged in agricultural employment in an industrial or factory setting. Section 2 (b) of the Act currently states that the Act does not apply "to a person employed in agriculture". This provision has been interpreted broadly by the Ontario Labour Relations Board to exclude from the Act persons whose employment relates to agriculture but who are employed in organizations that resemble industrial plants. BILL 72 1982 An Act to amend the Labour Relations Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Clause 2 (b) of the Labour Relations Act, being chapter 228 of the ^ 2 (b). Revised Statutes of Ontario, 1980, is repealed and the following ''^"^"^'^ ^ substituted therefor: (b) to a person employed in agriculture on a farm by a person who is a farmer; (ba) to a person employed in hunting or trapping. 2. This Act comes into force on the day it receives Royal Assent. Commence- ment 3. The short title of this Act is the Labour Relations Amendment Act, short title 1982. ft ft ft. S CA5 > IV. XJ S >-(_ ft. ^^ >3 vO a (-^ ft cr ft> ~* ^•A* 0^3 ft ft- 0^ r > &3 3 cr o > c o i-( O ^ (-»- 3 o" fD 3 3 Ui a > i-f- 3" l-^ fD BILL 73 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Labour Relations Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to reduce the percentage of employees in a bargain- ing unit required to be members of a trade union in order for the Board to direct a representation vote. The proposed amendment requires the Board to certify a trade union as a bargaining agent without a representation vote where the Board is satisfied that more than 50 per cent of the members of the bargaining unit are members of the trade union. A representation vote held under this section must be held within seven days of the day on which the Board directs the vote. BILL 73 1982 An Act to amend the Labour Relations Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Subsections 7 (2) and (3) of the Labour Relations Act, being ^^ ^^2'^^' chapter 228 of the Revised Statutes of Ontario, 1980, are repealed and the following substituted therefor: (2) If the Board is satisfied that not less than 35 per cent and not Determination , ^^ - , , • 1 1 • • • of members more than 50 per cent oi the employees m the bargainmg unit are in bargaining members of the trade union, the Board shall direct that a rep- ""'^ resentation vote be taken within seven days of the day on which the direction is made. (3) If on the taking of a representation vote more than 50 per Certification cent of the ballots cast are in favour of the trade union, the Board shall certify the trade union as the bargaining agent of the employees in the bargaining unit. (4) If the Board is satisfied that more than 50 per cent of the Certification employees in the bargaining unit are members of the trade union, the Board shall certify the trade union as bargaining agent without taking a representation vote. 2. This Act comes into force on the day it receives Royal Assent. Commence- ment 3. The short title of this Act is the Labour Relations Amendment Act, Short title 1982. ^ 2 §■ e C-0 s (X3 > CNJ •a k^i !-<_ >3 1—' >3 & 3- » a- a. ^*. V4. S t— ' s »ci vO on, r > S» 3 cr o > c o >-t 5« O ST 3 o" rt) 3 3 t/) a. > ("5 1-^ 3- !->■ (T) BILL 74 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Employment Standards Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to extend the application of Part XII of the Employment Standards Act to employees who are employed for a definite term or task and to persons who are laid off or terminated during or as a result of a strike or lock-out at his place of employment. BILL 74 1982 An Act to amend the Employment Standards Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Clause 40 (3) (a) of the Employment Standards Act, being chapter ^ 40 (3) (a), 137 of the Revised Statutes of Ontario, 1980, is repealed. 2. Notwithstanding clause 2 {d) of Regulation 286 of Revised Regu- S'^^'q'"''"" ""^ lations of Ontario, 1980, it is hereby declared that Part XII of the Reg. 286, Employment Standards Act applies to a person who is laid off or * ^ '-^^ terminated during or as a result of a strike or lock-out at his place of employment. 3. This Act comes into force on the day it receives Royal Assent. Commence- 4. The short title of this Act is the Employment Standards Amend- Short title ment Act, 1982. to OS 0^ > Kj X3 s !-(_ R- ^^ >3 o <7i a ? R- - ^*. s ►— ' (K, w 3 "2- > o" 3 3 > (T> ^-^ 3 ,-t. ^-^ O C/) J» r-^ to 3 3 3 >3 H- >o a c^ o c* a a p' a ei- G. G. c«A. t«^. ^ P t3 cr o > c n i-< >d o m r-t- &3 3 o" (D 3 3 in D- BILL 76 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Employment Standards Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes The purpose of the Bill is to reduce the standard work week from forty-eight hours to forty hours and to require employers to pay overtime rates for work done in excess of forty hours per week rather than forty-four hours. The sections of the Act as amended by this Bill are set out below with the amended portions shown underlined. Section 1. Subsection 11 (2), as amended, would read as follows: (2) Subclause (1) (a) (Hi) does not apply in respect of the salaried employees of an employer who perform work of a clerical or administrative nature where the employer makes and keeps a record showing the number of hours worked by such employees in excess of eight hours a day and forty hours a week. Section 2. Section 17, as amended, would read as follows: 17. Except as otherwise provided in this Part, and subject to any schedule in force under the Industrial Standards Act, the hours of work of an employee shall not exceed eight in the day and forty in the week. Section 3. Section 18, as amended, would read as follows: 18. An employer may, with the approval of the Director, and upon such terms and conditions as the Director prescribes, adopt a regular day of work in excess of eight hours but not in excess of twelve hours, provided that the total hours of work of each employee shall not exceed forty hours in a week. Section 4. Subsection 20 (3), as amended, would read as follows: {3) The issuance of a permit under this section does not require an employee to work any hours in excess of those prescribed by section 17 or approved under section 18 without the consent or agreement of the employee or his agent to hours in excess of eight in the day or forty in the week. Section 5. Subsection 25 (1), as amended, would read as follows: (/) Except as otherwise provided in the regulations, where an employee works for an employer in excess of forty hours in any week, he shall be paid for each hour worked in excess of forty hours overtime pay at an amount not less than one and one-half times the regular rate of the employee. BILL 76 1982 An Act to amend the Employment Standards Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Subsection 1 1 (2) of the Employment Standards Act, being chapter s. ii (2), 137 of the Revised Statutes of Ontario, 1980, is amended by strik- ing out "forty-four" in the fifth line and inserting in lieu thereof "forty". 2. Section 17 of the said Act is amended bv strikins: out "forty- ^•i'^- . , eight" in the fourth hne and inserting in lieu thereof "forty". 3. Section 18 of the said Act is amended bv striking out "forty- ^•^^' . . . , ^,, . ^, r~|■,^ ,■ 1 . ■ .,.-', ,°,, ,, ■^ amended eight m the iiith hne and msertmg m lieu thereof forty . 4. Subsection 20 (3) of the said Act is amended by striking out "forty- ^-^"^^i'^ eight" in the fifth line and inserting in lieu thereof "forty". 5. Subsection 25 (1) of the said Act is amended by striking out "forty- ^-^^^l^'^ four" in the third line and in the fourth line and inserting in lieu thereof in each instance "forty". 6. This Act comes into force on the day it receives Royal Assent. commence- ■' ■' ment 7. The short title of this Act is the Employment Standards Amend- short title ment Act, 1982. Co bo a. on? > tM "O s i-j a- ^^ >3 o <% l-f- e nr 5- ■^ 0^5 no >3 0^ 3 *S- > o" 3 3 > ft) (— ^ 3 l-^ I"*" o C^ (^ W 3 3 n D- 3 U) a BILL 77 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Employment Standards Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to protect the employment of an employee who attempts to enforce the provisions of this or any other Act or who testifies or otherwise participates in a proceeding or hearing under this or any other Act or before a court of law. BILL 77 1982 An Act to amend the Employment Standards Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . The Employment Standards Act, being chapter 137 of the Revised s 9a, Statutes of Ontario, 1980, is amended by adding thereto the fol- lowing section: 9a. No employer shall, No discipline (a) dismiss or threaten to dismiss an employee ; (6) discipline or suspend an employee ; (c) impose any penalty upon an employee ; or {d) intimidate or coerce an employee, because the employee, dismissal, etc. by employer {e) has sought the enforcement of this or any other Act or regulations made thereunder ; (/) has given information to an employment standards officer ; {g) has participated in or is about to participate in a proceeding or hearing under this or any other Act or before a court of law ; (A) testifies or is about to testify in a proceeding or hearing under this or any other Act or before a court of law. 2. — (1) Subsection 57 (1) of the said Act is repealed. s.57(i) repealed s. 57 (2), amended (2) Subsection 57 (2) of the said Act is amended by striking out "subsection (1)" in the second Hne and inserting in lieu thereof "section 9a". Commence- ment Short title 3. This Act comes into force on the day it receives Royal Assent. 4. The short title of this Act is the Employment Standards Amend- ment Act, 1982. -1 bo s > P^ ^^ >3 o «i r-^ a ET fi. ■^ 1' no ex. V > O 3 3 ^ ft) r* 13 r+ S" 3 D- 3 BILL 78 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Employment Standards Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of this Bill is to establish a standard relating to the installation and operation of electronic surveillance systems in places of employment. The Bill permits the installation of these systems only where it is reasonably necessary for the protection of the health or safety of employees. The onus of establishing that the installation and operation of a surveillance system is reasonably necessary for this purpose is placed upon the employer. BILL 78 1982 An Act to amend the Employment Standards Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . The Employment Standards Act, being chapter 137 of the Revised s i5a, Statutes of Ontario, 1980, is amended by adding thereto the fol- ^"^"^ ^ lowing section: 15a. No employer shall install or operate an electronic Electronic surveillance device or system in a place of employment to ^ " record or monitor the work and other activities of his em- ployees unless the installation and operation of such device or system is reasonably necessary, the proof of which lies upon the employer, for the protection of the health and safety of the employees. 2. This Act comes into force on the day it receives Royal Assent. Commence- ment 3. The short title of this Act is the Employment Standards Amend- Short title ment Act, 1982. bo a. S (X5 > t^o "O S 1-1 Ci. '— ' >3 vO c^ (-► & o- Ci. «^. s !■-* c^ o s ^ s n -a > o 3 3 ^-^ rt- o c/) as ta g 3 n CL 3 fa CL BILL 79 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Labour Relations Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to clarify the status of an employer before the Ontario Labour Relations Board on an application for certification by a trade union. The employer is permitted to present evidence and make submissions concerning several matters listed in the Bill. The employer is not permitted to present evidence or make submissions related to any other matter. BILL 79 1982 An Act to amend the Labour Relations Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. The Labour Relations Act, being chapter 228 of the Revised s 9a, Statutes of Ontario, 1980, is amended by adding thereto the *^" ^ ^ following section: 9a. Upon an application for certification, an employer Employers' . . x J evidence in or employers' organization may present evidence and make certification submissions to the Board with respect to, proceeding {a) the jurisdiction of the Board; [h) the appropriateness of the bargaining unit ; (c) the status of employees of the employer, including whether or not a person is an employee, a dependent contractor or a security guard; and {d) the conduct of the employer, where another party made an allegation concerning the conduct of the employer, but the Board shall not receive evidence or hear submissions from the employer or employers' organization with respect to any other matter. 2. Subsection 102 (13) of the said Act is amended by inserting after *• 102 (i3), ,,, ,„ . , 1 T << 1 • • „ amended but m the second Ime subject to section 9a . 3. This Act comes into force on the day it receives Royal Assent. Commence- ment 4. The short title of this Act is the Labour Relations Amendment Act, short title 1982. ^^. h_-J c2 § w «) ^ «> n "t. % Cn N l-H to M C«3 INO rs s !-<_ a- '— ' >3 SO 05 a ? S- s' H- ' 0^ vO ^ >3 a a, 0^ t-^ > JB 3 cr 0 > c 0 •-1 i-«- W ^ 0 oT &3 3 o' rt a 3 (/) D- > 0 ? r* fD BILL 80 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Labour Relations Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to provide the Ontario Labour Relations Board with authority to settle the terms and conditions of a first collective agreement between a trade union and an employer where the dispute settlement procedures in the Act have not been effective. Each collective agreement settled by the Board shall be for a term of between one and two years in duration. BILL 80 1982 An Act to amend the Labour Relations Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. The Labour Relations Act, being chapter 228 of the Revised *-^^''' Statutes of Ontario, 1980, is amended by adding thereto the following section: 39a. — (1) Where the parties have engaged in bargaining First with a view to concluding their first collective agreement agreement and either party is of the opinion that the dispute settlement procedures of the Act have not been effective and are not likely to be effective in enabling the parties to conclude an agreement, the party may apply to the Board to settle the terms and conditions of the first collective agreement and, if the Board considers it advisable, the Board may settle the terms and conditions of the first collective agreement. (2) The terms and conditions of a first collective agree- Terms and conditions ment as determined by the Board shall be deemed to con- binding stitute the collective agreement between the parties and are binding upon them except to the extent that the parties agree in writing to vary any or all of those terms and conditions. (3) The collective agreement settled by the Board under Duration of , • . , 11 1 r r r agreement this section shall be for a term of from one to two years duration from the date the Board settles the terms and conditions of the collective agreement. 2. Subsection 61 (1) of the said Act is repealed and the following ^ ^^ i s ore INO Td S i-t R- ' — ' >s \D c^ G &• ex- r^. s ►— ' (X5 0 0^5 f^ > ja 3 cr 0 c > 0 I-! ^-^ W ^ rt- 0 ST 3 o" fC s 3 t« a > 0 BILL 81 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Labour Relations Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of this Bill is to prevent the hiring of strikebreakers and to control access to a work premises that is affected by a strike or lock-out. The Bill prohibits an employer from hiring or using the services of a person to do the work of an employee who is on strike or locked out unless that person is specifically authorized to do so. Similarly, when a picket line is established at a place of access to a work premises, access is limited to persons specifically authorized by the Bill. BILL 81 1982 An Act to amend the Labour Relations Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. The Labour Relations Act, being chapter 228 of the Revised s. 67a, Statutes of Ontario, 1980, is amended by adding thereto the following section: 67fl. — (1) In this section, latf^'"^' {a) "employer" includes an employers' organization and a person acting on behalf of an employer or an employers' organization; (b) "legal picket line" means a moving formation of two or more persons who are members of a certified bargaining unit and who by means of signs or posters give notice that the certified bargaining unit is on strike or locked out. (2) No employer shall employ or use the services of any ^m^^oyment person to perform the work of an employee who is exercis- ing a legal right to strike or who is locked out unless, [a) the person ordinarily exercises managerial or super- visory functions and was a full-time employee of the employer on the day the strike or lock-out commenced; or (b) the person is authorized to perform the work by agreement between the employer and representatives of the certified bargaining unit that is on strike or locked out. (3) Where a legal picket line is formed in support of a ^"^^^^"^^ lawful strike or lock-out at a place of access to a work prem- ises, no person shall enter the premises unless, (a) the person ordinarily exercises managerial and supervisory functions; {b) the person is a member of a certified bargaining unit that is not on strike or locked out and is not engaged in performing the work of an employee who is on strike or locked out; (c) the person is a non-union employee who was a full-time employee of the employer on the day the strike or lock-out was commenced and is not en- gaged in performing the work of an employee who is on strike or locked out ; {d) the person requires access to the work premises for the purpose of providing emergency services ; {e) the person is authorized to enter the work premises by agreement between the employer and repre- sentatives of the bargaining unit that is on strike or locked out. Duty of police officer (4) Where a picket line is formed in support of a lawful strike or lock-out at a place of access to a work premises, it is the duty of every police officer stationed at that place to ensure that no person other than a person authorized under subsection (3) enters the work premises. Trespass R.S.O. 1980, c. 511 Commence- ment Short title (5) A person who enters the work premises contrary to sub- section (3) or who, upon gaining entry, performs work contrary to subsection (2), commits a trespass and is liable to proceedings under the Trespass to Property Act. 2. This Act comes into force on the day it receives Royal Assent. 3. The short title of this Act is the Labour Relations Amendment Act, 1982. Go «-0 05! > Nj v s 2. o. *~^ >3 o «> G ? a. ■* t^. QTQ rvi >3 s r > 03 3 cr o > c o •-< O ST w 3 o' n o 13 t/1 CL > n BILL 82 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Employment Standards Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes Section 1. The proposed new section 29 increases the vacation period to which an employee is entitled under the Act. Currently, the Act provides a two week vacation period for each employee that does not vary with the amount of employment service. Section 2 . The proposed amendment is complementary to section 1 of the Bill. Subsection 3Q (1) of the Act as it currently reads is set out below with the amended portions underlined. (1) The employer shall determine the period when an employee may take the vacation to which he is entitled under section 29, which may be a two 'week period or tivo periods of one week each, but in any case the employee shall be given his vacation not later than ten months after the end of the twelve month period for which the vacation was given. Section 3. The proposed amendment is complementary to section 1 of the Bill. Section 3 1 of the Act as it currently reads is set out below with the amended portions underlined. 31. Where the employment of an employee ceases before the completion of a twelve month period of employment or the employee has not been given a vacation with pay pursuant to section 29, the employer shall pay to the employee an amount equal to 4 per cent of the wages of the employee in any twelve month period or periods or part thereof and in calculating wages no account shall be taken of any vacation pay previously paid. . BILL 82 1982 An Act to amend the Employment Standards Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Section 29 of the Employment Standards Act, being chapter 137 of ^ 29, the Revised Statutes of Ontario, 1980, is repealed and the follow- ing substituted therefor: 29. — (1) Every employer shall give to each employee a vacation Vacations with pay of at least, (a) two weeks in each year upon the completion of twelve months of employment; {b) three weeks in each year upon the completion of sixty months of employment; and (c) four weeks in each year upon the completion of 120 months of employment. (2) The amount of pay for a vacation shall be not less than an Wem amount equal to 2 per cent of the annual wages of the employee for each week of vacation to which the employee is entitled under subsection (1) and in calculating wages no account shall be taken of any vacation pay previously paid. 2. Subsection 30 (1) of the said Act is repealed and the following ^^o 3 > P 3 3 fD BILL 83 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Employment Standards Act Mr. Mackenzie TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to extend the application of the whole Act to the Crown. Currently, Parts IX, X, XI and XII of the Act apply to the Crown. BILL 83 1982 An Act to amend the Employment Standards Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Subsection 2 (1) of the Employment Standards Act, being chapter s. 2 (i), 137 of the Revised Statutes of Ontario, 1980, is repealed and the '^^'^^^'^ ^ following substituted therefor: (1) This Act applies to the Crown, every agency thereof and any Application board, commission, authority or corporation that exercises any functions assigned or delegated to it by the Crown. 2. This Act comes into force on the day it receives Royal Assent. Commence- ment 3. The short title of this Act is the Employment Standards Amend- Short title ment Act, 1982. bo a. S > t\J X3 s •-! R- ^^ >3 O <^ r-l- © jr Pi- Vxk. s 1—* OrCl \o >3 1X5 =r re m 3 H- > o' 3 3 > n a> (-^ 3 ,_,. O C^ P S" 3 D rt a 3 ft3 0- BILL 84 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Highway Traffic Act The Hon. J. W. Snow Minister of Transportation and Communications TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes The Bill revises the current system of registering vehicles and assigning number plates to vehicles. A permit will be issued consisting of a vehicle portion that will tie number plates to a vehicle and a plate portion that will tie the same number plates to a person. Upon the vehicle being sold or otherwise transferred, the transferor will remove the plates from the vehicle and will retain the plate portion of the permit. The vehicle portion of the permit will be turned over to the transferee. The transferee will either affix his plates to the vehicle or obtain plates from the Ministry. In either case, he would surrender the vehicle portion of the permit and receive a new permit tying those plates to the vehicle and to him. Provision is made to allow a transferee six days to obtain a new permit. Number plates, therefore, will never be transferred although any person may have several different number plates. Permits, except for trailers, will continue to require periodic validation. Provision is made for the issuing of various types of permits, such as, an unfit vehicle permit or a permit that is not validated, which will provide evidence of registration of the vehicle in the name of the owner but not permit the opera- tion of the vehicle on the highway. Provision is made for exemptions, by regulation, from provisions of the Bill and would deal with matters, such as, estate transfers and transfers by car dealers. Provision is made in respect of vehicles that are leased for a year or more. The Ministry will have authority to refuse to validate a permit where the applicant is in default of payment of parking fines or is indebted for vehicle- related fees or taxes. Drivers will be required to carry the vehicle permit or a copy thereof and to surrender it to the police, on demand, for inspection. BILL 84 1982 An Act to amend the Highway Traffic Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 6 of the Highway Traffic Act, being chapter 198 of the s. 6, Revised Statutes of Ontario, 1980, is repealed and the following substituted therefor: 6. — (1) In this Part, interpre- tation (a) "CAVR cab card" means a permit issued by the Minis- try pursuant to the Canadian Agreement on Vehicle Registration; 0) "holder", when used in relation to a permit, means the person in whose name the plate portion of a permit is issued; (c) "lessee" means a person who has leased a vehicle for a period of not less than one year; id) "number", when used in relation to a permit or plate means a number, a series of letters or a combination of letters and numbers, and "numbered", when so used, has a corresponding meaning; ie) "permit" means a permit issued under subsection 7 (3) consisting, except when the permit is a CAVR cab card, of a vehicle portion and a plate portion; (/) "police officer" includes an officer appointed for carry- ing out the provisions of this Act; (g) "prescribed" means prescribed by the regulations; {h) "validate" means render in force for the prescribed period of time and "validation" and "validated" have corresponding meanings. Person authorized by Minister (2) Where, in this Part, it is specified that an act may be done by the Ministry, it may be done by a person authorized by the Minister to do the act. s. 7 (1), re-enacted 2. — (1) Subsection 7 (1) of the said Act is repealed and the following substituted therefor: Permit, etc. required s. 7, amended Exemption for subs. (1) {b, c) (1) No person shall drive a motor vehicle on a highway unless, (a) there exists a currently validated permit for the vehicle; (6) there are displayed on the vehicle, in the prescribed manner, number plates issued in accordance with the regulations showing the number of the permit issued for the vehicle; and (c) there is affixed to a number plate displayed on the vehicle, in the prescribed manner, evidence of the cur- rent validation of the permit. (2) Section 7 of the said Act is amended by adding thereto the following subsections: (2a) Clauses (1) (b) and (c) do not apply in respect of a motor vehicle for which the permit is a CAVR cab card. Permit for trailer {2b) No person shall draw a trailer on a highway unless, (a) there exists a permit for the trailer; and (b) there is displayed on the trailer, in the prescribed man- ner, a number plate showing the number of the permit issued for the trailer. Permit to be carried Idem (2c) Subject to subsection {2d), every driver of a motor vehicle on a highway shall carry, {a) the permit for it or a true copy thereof; and {b) where the motor vehicle is drawing a trailer, the permit for the trailer or a true copy thereof, and shall surrender the permits or copies for inspection upon the demand of a police officer. {2d) Where a permit is a CAVR cab card, the requirements of subsection {2c) apply to the original permit and not to a copy and to the permit from the jurisdiction that issued the number plates for the vehicle. (3) Subsection 7 (3) of the said Act is repealed and the following s 7 (3), - , - , ^ re-enacted substituted therefor: (3) The Ministry may issue a permit of any prescribed class, issuance of number plates and evidence of validation to any person who number plates meets the requirements of this Act and the regulations. {3a) The Ministry may authorize number plates in an appli- Use of cant's possession for use on a vehicle. {3b) Validation of a permit may be refused where the permit Refusal to holder is in default of payment of a fine imposed upon conviction for a parking infraction or indebted to the Treasurer of the Province of Ontario in respect of a vehicle-related fee or tax. (4) Clause 7 (14) (c) of the said Act is amended by inserting after s. 7 (i^n^), "time" in the first line "or the method of determining the period of time". (5) Clause 7 (14) {d) of the said Act is repealed and the following s. 7 (h) W), , . , , - re-enacted substituted theretor: {d) prescribing fees for the issuance, validation and replacement of permits and number plates and of evi- dence of validation of permits and for any additional administrative proceedings arising therefrom; {da) governing the manner of displaying number plates on motor vehicles and trailers or any class or type of either of them. (6) Clause 7 (14) {e) of the said Act is amended by striking out «■ ^ ' "and trailers" in the fourth line. (7) Clauses 7 (14) (/) and (g) of the said Act are repealed and the s- 7 (i4) (/, g), following substituted therefor: (/) respecting permits and number plates for use, on a temporary basis, on motor vehicles or trailers in the possession of, (i) vehicle manufacturers, (ii) vehicle dealers, or (iii) persons in the business of repairing, customiz- ing, modifying or transporting vehicles, where the vehicles are not kept for private use or for hire and prescribing conditions under which such vehicles may be operated on the highway; (g) classifying persons and vehicles and exempting any class of person or any class of vehicle from any requirement in this Part or any regulation made under this Part and prescribing conditions for any such exemptions; (h) requiring the surrender of number plates; (i) classifying permits, providing for the issuing or vali- dating of any class of permit and the requirements therefor and for the issuing of number plates and evi- dence of validation and the requirements therefor; (j) prescribing requirements for the purposes of subsec- tions 10 (3) and (4). Subs. 7 (IS, 16), repealed s. 10, re-enacted (8) Subsections 7 (15) and (16) of the said Act are repealed. 3. Section 10 of the said Act is repealed and the following substituted therefor: Where transfer of ownership or end of lease 10. — (1) Upon the holder of a permit ceasing to be the owner or lessee of the motor vehicle or trailer referred to in the permit, he shall, (a) remove his number plates from the vehicle; (b) on the delivery of the vehicle to the new owner or the lessor, give the vehicle portion of the permit to the new owner or lessor, as the case may be; and (c) retain the plate portion of the permit. Re-issue of permit (2) Every person shall, within six days after becoming the owner of a motor vehicle or trailer for which a permit has been issued, apply to the Ministry, on the form provided therefor, for a new permit for the vehicle. Temporary use of plates (3) Notwithstanding section 12, a person to whom number plates have been issued under subsection 7 (3) for a vehicle he no longer owns or leases may affix the number plates to a similar class of vehicle that he owns or leases where he does so in accord- ance with the prescribed requirements. Idem (4) Notwithstanding section 7, a person may drive a motor vehicle or draw a trailer on a highway during the six day period referred to in subsection (2) where he complies with the pre- scribed requirements. s. 11, repealed 4. Section 11 of the said Act is repealed. 5.— (1) Clauses 12 (1) (a), {b), (c) and (d) of the said Act are repealed ^^ ^^J^^^^J"'^'' and the following substituted therefor: (a) defaces or alters any number plate or evidence of vali- dation furnished by the Ministry; (b) uses or permits the use of a defaced or altered number plate or evidence of validation; (c) without the authority of the permit holder, removes a number plate from a motor vehicle or trailer; id) uses or permits the use of a number plate upon a vehicle other than a number plate authorized for use on that vehicle; ie) uses or permits the use of evidence of validation upon a number plate displayed on a motor vehicle other than evidence of validation furnished by the Ministry in respect of that motor vehicle; or (/) uses or permits the use of a number plate or evidence of validation other than in accordance with this Act and the regulations, (2) Subsection 12 (2) and subsection (3), as re-enacted by section s- 12 (2, 3), 196 of the Revised Statutes of Ontario, 1980, of the said Act are repealed. 6. Section 14 of the said Act is repealed and the following substituted ^ i"*- , . re-enacted therefor: 14. — (1) Where a police officer has reason to believe that, improper number plate (a) a number plate attached to a motor vehicle or trailer, (i) has not been authorized under this Act for use on that vehicle, or (ii) was obtained by false pretences; or (b) evidence of the validation of a permit displayed on a motor vehicle, (i) was not furnished under this Act in respect of that motor vehicle, or (ii) was obtained by false pretences. the officer may take possession of the number plate and retain it until the facts in respect of the number plate or evidence of validation have been determined. Invalid cab card (2) Where a police officer has reason to believe that a CAVR cab card produced by a driver as being the permit for the motor vehicle, (a) was not furnished in accordance with this Act for that motor vehicle; or (b) has been cancelled, s. IS (1), amended the officer may take possession of the CAVR cab card and retain it until the facts in respect of the card have been determined. 7. — (1) Subsection IS (1) of the said Act is amended by striking out "sections 7 and 10" in the first line and inserting in lieu there- of "section 7". s. 15 (2), amended (2) Subsection 15 (2) of the said Act is amended by striking out "sections 7 and 10" in the second line and inserting in lieu thereof "section 7". s. 15 (3), amended (3) Subsection IS (3) of the said Act is amended by striking out "sections 7 and 10" in the first line and inserting in lieu there- of "section 7". s. 15 (4), amended s. 15 (5), re-enacted (4) Subsection IS (4) of the said Act is amended by striking out "sections 7 and 10" in the first line and inserting in lieu there- of "section 7". (5) Subsection IS (S) of the said Act is repealed and the following substituted therefor: Regulations (5) The Lieutenant Governor in Council may make regula- tions providing for the temporary exemption of vehicles or any class thereof from section 7 or any provision thereof. s. 34, amended 8. Section 34 of the said Act is amended by striking out "registered" in the third line and in the sixth line. s. 73, rep)ealed s. 104 (2, 3), repealed s. 171, amended 9. Section 73 of the said Act is repealed. 1 O. Subsections 104 (2) and (3) of the said Act are repealed. 1 1 . Section 171 of the said Act is amended by striking out "registered" in the second line. s. 181, amended 12. Section 181 of the said Act is amended by adding thereto the following subsection: (3) For the purposes of this Act, the holder of a permit as Permit defined in section 6 shall be deemed to be the owner of the deemed vehicle referred to in the permit if a number plate bearing a °^"^'' number that corresponds to the permit was displayed on the vehicle at the time an offence was committed unless the number plate was displayed thereon without his consent, the burden of proof of which shall be on the holder. 13. — (1) A permit issued under Part II of the Highway Traffic Act Extended before the 1st day of December, 1982 shall be deemed to be a of permit permit within the meaning of clause 6 (1) (e) of the Highway Traffic Act as re-enacted by section 1 of this Act. (2) Notwithstanding clauses 10 (1) {b) and (c) of the Highway Non- Traffic Act, where a person who is the holder of a permit of s.'m'm referred to in subsection (1), ceases to be the owner of a motor ^'s'^o'^iggo vehicle or trailer referred to in the permit, he shall give the c. i98 permit to the new owner. 14. — (1) This Act, except sections 8 and 11, comes into force on a day Commence- to be named by proclamation of the Lieutenant Governor. (2) Sections 8 and 11 come into force on the day this Act receives ^^^m Royal Assent. 15. The short title of this Act is the Highway Traffic Amendment Act, Short title 1982. 2 t» ^ H »5 En' n ffi o O o 3 <-^i z 3 c H «— ( 3. 3 CO ^ u> ^3 o' O en 2 3 ST o' 3 o > ru *o 1-^ !-<_ o. >3 O >3 c% r+ 3- 1" H-i s' vO l><5 ffi> 3 cfq' 3- > ^ o P v: o H fa ft3 3 Irt? ft> ^ 3 o' a > ? BILL 84 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Highway Traffic Act The Hon. J. W. Snow Minister of Transportation and Communications (Reprinted as amended by the Committee of the Whole House) TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes The Bill revises the current system of registering vehicles and assigning number plates to vehicles. A permit will be issued consisting of a vehicle portion that will tie number plates to a vehicle and a plate portion that will tie the same number plates to a person. Upon the vehicle being sold or otherwise transferred, the transferor will remove the plates from the vehicle and will retain the plate portion of the permit. The vehicle portion of the permit will be turned over to the transferee. The transferee will either affix his plates to the vehicle or obtain plates from the Ministry. In either case, he would surrender the vehicle portion of the permit and receive a new permit tying those plates to the vehicle and to him. Provision is made to allow a transferee six days to obtain a new permit. Number plates, therefore, will never be transferred although any person may have several different number plates. Permits, except for trailers, will continue to require periodic validation. Provision is made for the issuing of various types of permits, such as, an unfit vehicle permit or a permit that is not validated, which will provide evidence of registration of the vehicle in the name of the owner but not permit the opera- tion of the vehicle on the highway. Provision is made for exemptions, by regulation, from provisions of the Bill and would deal with matters, such as, estate transfers and transfers by car dealers. Provision is made in respect of vehicles that are leased for a year or more. The Ministry will have authority to refuse to validate a permit where the applicant is in default of payment of parking fines or is indebted for vehicle- related fees or taxes. Drivers will be required to carry the vehicle permit or a copy thereof and to surrender it to the police, on demand, for inspection. BILL 84 1982 An Act to amend the Highway Traffic Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 6 of the Highway Traffic Act, being chapter 198 of the » 6, Revised Statutes of Ontario, 1980, is repealed and the following substituted therefor: 6. — (1) In this Part, Interpre- ' ' tation (a) "CAVR cab card" means a permit issued by the Minis- try pursuant to the Canadian Agreement on Vehicle Registration; {h) "holder", when used in relation to a permit, means the person in whose name the plate portion of a permit is issued; (c) "lessee" means a person who has leased a vehicle for a period of not less than one year; id) "number", when used in relation to a permit or plate means a number, a series of letters or a combination of letters and numbers, and "numbered", when so used, has a corresponding meaning; {e) "permit" means a permit issued under subsection 7 (3) consisting, except when the permit is a CAVR cab card, of a vehicle portion and a plate portion; (/) "police officer" includes an officer appointed for carry- ing out the provisions of this Act; (g) "prescribed" means prescribed by the regulations; {h) "validate" means render in force for the prescribed period of time and "validation" and "validated" have corresponding meanings. Person authorized by Minister (2) Where, in this Part, it is specified that an act may be done by the Ministry, it may be done by a person authorized by the Minister to do the act. s. 7 (1), re-enacted 2. — (1) Subsection 7 (1) of the said Act is repealed and the following substituted therefor: Permit, etc. required s. 7, amended Exemption for subs. (1) (b, c) (1) No person shall drive a motor vehicle on a highway unless, {a) there exists a currently validated permit for the vehicle; {h) there are displayed on the vehicle, in the prescribed manner, number plates issued in accordance with the regulations showing the number of the permit issued for the vehicle; and (c) there is affixed to a number plate displayed on the vehicle, in the prescribed manner, evidence of the cur- rent validation of the permit. (2) Section 7 of the said Act is amended by adding thereto the following subsections: (2a) Clauses (1) {b) and (c) do not apply in respect of a motor vehicle for which the permit is a CAVR cab card. Permit for trailer {2b) No person shall draw a trailer on a highway unless, (a) there exists a permit for the trailer; and {b) there is displayed on the trailer, in the prescribed man- ner, a number plate showing the number of the permit issued for the trailer. Permit to be carried Idem {2c) Subject to subsection {2d), every driver of a motor vehicle on a highway shall carry, (a) the permit for it or a true copy thereof; and {b) where the motor vehicle is drawing a trailer, the permit for the trailer or a true copy thereof, and shall surrender the permits or copies for inspection upon the demand of a police officer. {2d) Where a permit is a CAVR cab card, the requirements of subsection {2c) apply to the original permit and not to a copy and to the permit from the jurisdiction that issued the number plates for the vehicle. (3) Subsection 7 (3) of the said Act is repealed and the following « ^ (3), substituted therefor: (3) The Ministry may issue a permit of any prescribed class, issuance of number plates and evidence of validation to any person who number p?at meets the requirements of this Act and the regulations. {3a) The Ministry may authorize number plates in an appli- Use of cant's possession for use on a vehicle. (36) Validation of a permit may be refused where the permit holder is indebted to the Treasurer of the Province of Ontario in respect of a vehicle-related fee or tax. Refusal to validate i3c) Where a person is in default of payment of a fine or part Wem thereof imposed for a parking infraction associated with his per- mit, an order may be made under subsection 70 (2) of the Provin- R so. i98o, c 400 cial Offences Act directing that the permit not be renewed by validation until the fine is paid. ^^C (4) Clause 7 (14) (c) of the said Act is amended by inserting after s. 7 (u) (c), "time" in the first line "or the method of determining the ^™^" ^ period of time". (5) Clause 7 (14) (d) of the said Act is repealed and the following s 7 (h) id), substituted therefor: re-enacted id) prescribing fees for the issuance, validation and replacement of permits and number plates and of evi- dence of validation of permits and for any additional administrative proceedings arising therefrom; ida) governing the manner of displaying number plates on motor vehicles and trailers or any class or type of either of them. (6) Clause 7 (14) (e) of the said Act is amended by striking out s- 7 (J^^ye), "and trailers" in the fourth line. amended (7) Clauses 7 (14) (/) and (g) of the said Act are repealed and the s. 7 (h) if, g), following substituted therefor: re-enacted (/) respecting permits and number plates for use, on a temporary basis, on motor vehicles or trailers in the possession of, (i) vehicle manufacturers, (ii) vehicle dealers, or (iii) persons in the business of repairing, customiz- ing, modifying or transporting vehicles, where the vehicles are not kept for private use or for hire and prescribing conditions under which such vehicles may be operated on the highway; (g) classifying persons and vehicles and exempting any class of person or any class of vehicle from any requirement in this Part or any regulation made under this Part and prescribing conditions for any such exemptions; {h) requiring the surrender of number plates; {i) classifying permits, providing for the issuing or vali- dating of any class of permit and the requirements therefor and for the issuing of number plates and evi- dence of validation and the requirements therefor; 0) prescribing requirements for the purposes of subsec- tions 10 (3) and (4). ^ ^ 'l^' 16)' (8) Subsections 7 (15) and (16) of the said Act are repealed. repealed s 10, 3. Section 10 of the said Act is repealed and the following substituted re-enacted ,i r therefor: Where 10. — (1) Upon the holder of a permit ceasing to be the owner transfer of , . . i • i m r i • i ownership or Or Icssee ol the motor vehicle or trailer referred to m the permit, end of lease ^g g^all, (a) remove his number plates from the vehicle; {b) on the delivery of the vehicle to the new owner or the lessor, give the vehicle portion of the permit to the new owner or lessor, as the case may be; and (c) retain the plate portion of the permit. Re-issue of (2) Every person shall, within six days after becoming the owner of a motor vehicle or trailer for which a permit has been issued, apply to the Ministry, on the form provided therefor, for a new permit for the vehicle. Temporary (3) Notwithstanding section 12, a person to whom number plates plates have been issued under subsection 7 (3) for a vehicle he no longer owns or leases may affix the number plates to a similar class of vehicle that he owns or leases where he does so in accord- ance with the prescribed requirements. (4) Notwithstanding section 7, a person may drive a motor idem vehicle or draw a trailer on a highway during the six day period referred to in subsection (2) where he complies with the pre- scribed requirements. 4. Section 11 of the said Act is repealed. s. ii, repealed 5.— (1) Clauses 12 (1) (a), (6), (c) and (d) of the said Act are repealed ^^ H^^^^^''^^' and the following substituted therefor: (a) defaces or alters any number plate or evidence of vali- dation furnished by the Ministry; (b) uses or permits the use of a defaced or altered number plate or evidence of validation; (c) without the authority of the permit holder, removes a number plate from a motor vehicle or trailer; id) uses or permits the use of a number plate upon a vehicle other than a number plate authorized for use on that vehicle; (e) uses or permits the use of evidence of validation upon a number plate displayed on a motor vehicle other than evidence of validation furnished by the Ministry in respect of that motor vehicle; or (/) uses or permits the use of a number plate or evidence of validation other than in accordance with this Act and the regulations, (2) Subsection 12 (2) and subsection (3), as re-enacted by section « 12 (2, 3), 196 of the Revised Statutes of Ontario, 1980, of the said Act '^^^^^^'^ are repealed. 6. Section 14 of the said Act is repealed and the following substituted s h, , , - re-enacted theretor: 14. — (1) Where a police officer has reason to believe that, improper number plate (a) a number plate attached to a motor vehicle or trailer, (i) has not been authorized under this Act for use on that vehicle, or (ii) was obtained by false pretences; or {b) evidence of the validation of a permit displayed on a motor vehicle, (i) was not furnished under this Act in respect of that motor vehicle, or (ii) was obtained by false pretences, the officer may take possession of the number plate and retain it until the facts in respect of the number plate or evidence of validation have been determined. Invalid cab card (2) Where a police officer has reason to believe that a CAVR cab card produced by a driver as being the permit for the motor vehicle. (a) was not furnished in accordance with this Act for that motor vehicle; or (b) has been cancelled, the officer may take possession of the CAVR cab card and retain it until the facts in respect of the card have been determined. s. IS (1), amended 7. — (1) Subsection 15 (1) of the said Act is amended by striking out "sections 7 and 10" in the first line and inserting in lieu there- of "section 7". s. IS (2), amended (2) Subsection 15 (2) of the said Act is amended by striking out "sections 7 and 10" in the second line and inserting in lieu thereof "section 7". s. IS (3), amended (3) Subsection IS (3) of the said Act is amended by striking out "sections 7 and 10" in the first line and inserting in lieu there- of "section 7". s. IS (4), amended s. IS (5), re-enacted (4) Subsection IS (4) of the said Act is amended by striking out "sections 7 and 10" in the first line and inserting in lieu there- of "section 7". (5) Subsection IS (5) of the said Act is repealed and the following substituted therefor: Regulations (5) The Lieutenant Governor in Council may make regula- tions providing for the temporary exemption of vehicles or any class thereof from section 7 or any provision thereof. s. 34, amended 8. Section 34 of the said Act is amended by striking out "registered" in the third line and in the sixth line. s. 73, repealed 9. Section 73 of the said Act is repealed. 10. Subsections 104 (2) and (3) of the said Act are repealed. repe°akd' ^^' 1 1 . Section 1 7 1 of the said Act is amended by striking out "registered" l^^^^^^^ in the second line. 12. Section 181 of the said Act is amended by adding thereto the ^^^^^^^^^^ following subsection: (3) For the purposes of this Act, the holder of a permit as Permit defined in section 6 shall be deemed to be the owner of the deemed vehicle referred to in the permit if a number plate bearing a °*"^'^ number that corresponds to the permit was displayed on the vehicle at the time an offence was committed unless the number plate was displayed thereon without his consent, the burden of proof of which shall be on the holder. 13. — (1) A permit issued under Part II of the Highway Traffic Act Extended before the 1st day of December, 1982 shall be deemed to be a of permit permit within the meaning of clause 6 (1) (g) of the Highway Traffic Act as re-enacted by section 1 of this Act. (2) Notwithstanding clauses 10 (1) (b) and (c) of the Highway Non- Traffic Act, where a person who is the holder of a permit of s.'^io u) referred to in subsection (1), ceases to be the owner of a motor r's*^ 0*^1900 vehicle or trailer referred to in the permit, he shall give the c. i98 permit to the new owner. 14. This Act comes into force on a day to be named by proclamation of Commence- the Lieutenant Governor. l^m 1 5. The short title of this Act is the Highway Traffic Amendment Act, Short title 1982. Pi- ?i- 1^ ^ H 5» 5' n ffi o O o 3 i-h 2; 3 &3 <— 1 3. 3 en ;^ til Xi ^-^ O CAl o' Z 3 O o < 0^5 O 00 > 2. '^ >3 o 3^ 00 ffi> 3 cfq' Er > ^ n fa v: o H &3 3 !:!? fD ^ 3 n' a > (-1- BILL 84 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Highway Traffic Act The Hon. J. W. Snow Minister of Transportation and Communications TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 84 1982 An Act to amend the Highway Traffic Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 6 of the Highway Traffic Act, being chapter 198 of the s 6, Revised Statutes of Ontario, 1980, is repealed and the following substituted therefor: 6. — (1) In this Part, interpre- tation (a) "CAVR cab card" means a permit issued by the Minis- try pursuant to the Canadian Agreement on Vehicle Registration; (6) "holder", when used in relation to a permit, means the person in whose name the plate portion of a permit is issued; (c) "lessee" means a person who has leased a vehicle for a period of not less than one year; {d) "number", when used in relation to a permit or plate means a number, a series of letters or a combination of letters and numbers, and "numbered", when so used, has a corresponding meaning; {e) "permit" means a permit issued under subsection 7 (3) consisting, except when the permit is a CAVR cab card, of a vehicle portion and a plate portion; (/) "police officer" includes an officer appointed for carry- ing out the provisions of this Act; (g) "prescribed" means prescribed by the regulations; {h) "validate" means render in force for the prescribed period of time and "validation" and "validated" have corresponding meanings. Person authorized by Minister (2) Where, in this Part, it is specified that an act may be done by the Ministry, it may be done by a person authorized by the Minister to do the act. s. 7 (1), re-enacted 2. — (1) Subsection 7 (1) of the said Act is repealed and the following substituted therefor: Permit, etc. required s. 7, amended Exemption for subs. (1) (b, c) (1) No person shall drive a motor vehicle on a highway unless, (a) there exists a currently validated permit for the vehicle; (6) there are displayed on the vehicle, in the prescribed manner, number plates issued in accordance with the regulations showing the number of the permit issued for the vehicle; and (c) there is affixed to a number plate displayed on the vehicle, in the prescribed manner, evidence of the cur- rent validation of the permit. (2) Section 7 of the said Act is amended by adding thereto the following subsections: (2a) Clauses (1) (b) and (c) do not apply in respect of a motor vehicle for which the permit is a CAVR cab card. Permit for trailer i2b) No person shall draw a trailer on a highway unless, (a) there exists a permit for the trailer; and (b) there is displayed on the trailer, in the prescribed man- ner, a number plate showing the number of the permit issued for the trailer. Permit to be carried Idem (2c) Subject to subsection {2d), every driver of a motor vehicle on a highway shall carry, (a) the permit for it or a true copy thereof; and (b) where the motor vehicle is drawing a trailer, the permit for the trailer or a true copy thereof, and shall surrender the permits or copies for inspection upon the demand of a police officer. (Id) Where a permit is a CAVR cab card, the requirements of subsection {2c) apply to the original permit and not to a copy and to the permit from the jurisdiction that issued the number plates for the vehicle. (3) Subsection 7 (3) of the said Act is repealed and the following s. 7 (3), substituted therefor: (3) The Ministry may issue a permit of any prescribed class, issuance of number plates and evidence of validation to any person who number p"ates meets the requirements of this Act and the regulations. {3a) The Ministry may authorize number plates in an appli- u^e of cant's possession for use on a vehicle. (36) Validation of a permit may be refused where the permit Refusal to holder is indebted to the Treasurer of the Province of Ontario in respect of a vehicle-related fee or tax. (3c) Where a person is in default of payment of a fine or part Wem thereof imposed for a parking infraction associated with his per- mit, an order may be made under subsection 70 (2) of the Provin- ^^;5' ^^^°' cial Offences Act directing that the permit not be renewed by validation until the fine is paid. (4) Clause 7 (14) (c) of the said Act is amended by inserting after s 7 (i4) (c), "time" in the first line "or the method of determining the ^^^^ ^ period of time". (5) Clause 7 (14) (d) of the said Act is repealed and the following s. 7 (h) (d), substituted therefor: re-enac e id) prescribing fees for the issuance, validation and replacement of permits and number plates and of evi- dence of validation of permits and for any additional administrative proceedings arising therefrom; (da) governing the manner of displaying number plates on motor vehicles and trailers or any class or type of either of them. (6) Clause 7 (14) (e) of the said Act is amended by striking out » 7 (h) (e), "and trailers" in the fourth line. ^'"^^ ^ (7) Clauses 7 (14) (/) and (g) of the said Act are repealed and the s. 7 (i4) if, g), following substituted therefor: (/) respecting permits and number plates for use, on a temporary basis, on motor vehicles or trailers in the possession of, (i) vehicle manufacturers, (ii) vehicle dealers, or (iii) persons in the business of repairing, customiz- ing, modifying or transporting vehicles, where the vehicles are not kept for private use or for hire and prescribing conditions under which such vehicles may be operated on the highway; (g) classifying persons and vehicles and exempting any class of person or any class of vehicle from any requirement in this Part or any regulation made under this Part and prescribing conditions for any such exemptions; {h) requiring the surrender of number plates; (i) classifying permits, providing for the issuing or vali- dating of any class of permit and the requirements therefor and for the issuing of number plates and evi- dence of validation and the requirements therefor; (J) prescribing requirements for the purposes of subsec- tions 10 (3) and (4). s 7 (15, 16), (8) Subsections 7 (15) and (16) of the said Act are repealed. rcpC3lccl s 10, 3. Section 10 of the said Act is repealed and the following substituted re-enacted , i <• theretor: Where 10. — (1) Upon the holder of a permit ceasing to be the owner ownership or or lessee of the motor vehicle or trailer referred to in the permit, end of lease he shall, (a) remove his number plates from the vehicle; (b) on the delivery of the vehicle to the new owner or the lessor, give the vehicle portion of the permit to the new owner or lessor, as the case may be; and (c) retain the plate portion of the permit. Re-issue of (2) Every person shall, within six days after becoming the ^'^"" owner of a motor vehicle or trailer for which a permit has been issued, apply to the Ministry, on the form provided therefor, for a new permit for the vehicle. Temporary (3) Notwithstanding section 12, a person to whom number pj'ates plates have been issued under subsection 7 (3) for a vehicle he no longer owns or leases may affix the number plates to a similar class of vehicle that he owns or leases where he does so in accord- ance with the prescribed requirements. (4) Notwithstanding section 7, a person may drive a motor idem vehicle or draw a trailer on a highway during the six day period referred to in subsection (2) where he complies with the pre- scribed requirements. 4. Section 11 of the said Act is repealed. s. ii, repealed 5.— (1) Clauses 12 (1) (a), (b), (c) and (d) of the said Act are repealed ^ n (i) (a-d), and the following substituted therefor: (a) defaces or alters any number plate or evidence of vali- dation furnished by the Ministry; (b) uses or permits the use of a defaced or altered number plate or evidence of validation; (c) without the authority of the permit holder, removes a number plate from a motor vehicle or trailer; id) uses or permits the use of a number plate upon a vehicle other than a number plate authorized for use on that vehicle; (e) uses or permits the use of evidence of validation upon a number plate displayed on a motor vehicle other than evidence of validation furnished by the Ministry in respect of that motor vehicle; or (/) uses or permits the use of a number plate or evidence of validation other than in accordance with this Act and the regulations, (2) Subsection 12 (2) and subsection (3), as re-enacted by section « 12 (23), 196 of the Revised Statutes of Ontario, 1980, of the said Act '^^^^^ are repealed. 6. Section 14 of the said Act is repealed and the following substituted ^ i4, ,, - re-enacted therefor: 14. — (1) Where a police officer has reason to believe that, improper number plate (a) a number plate attached to a motor vehicle or trailer, (i) has not been authorized under this Act for use on that vehicle, or (ii) was obtained by false pretences; or (b) evidence of the validation of a permit displayed on a motor vehicle, (i) was not furnished under this Act in respect of that motor vehicle, or (ii) was obtained by false pretences, the officer may take possession of the number plate and retain it until the facts in respect of the number plate or evidence of validation have been determined. Invalid cab card (2) Where a police officer has reason to believe that a CAVR cab card produced by a driver as being the permit for the motor vehicle, (a) was not furnished in accordance with this Act for that motor vehicle; or (b) has been cancelled, the officer may take possession of the CAVR cab card and retain it until the facts in respect of the card have been determined. s. IS (1), amended 7. — (1) Subsection 15 (1) of the said Act is amended by striking out "sections 7 and 10" in the first line and inserting in lieu there- of "section 7". s. 15 (2), amended (2) Subsection 15 (2) of the said Act is amended by striking out "sections 7 and 10" in the second line and inserting in lieu thereof "section 7". s. 15 (3), amended (3) Subsection 15 (3) of the said Act is amended by striking out "sections 7 and 10" in the first line and inserting in lieu there- of "section 7". s. 15 (4), amended s. 15 (S), re-enacted (4) Subsection 15 (4) of the said Act is amended by striking out "sections 7 and 10" in the first line and inserting in lieu there- of "section 7". (5) Subsection IS (5) of the said Act is repealed and the following substituted therefor: Regulations (5) The Lieutenant Governor in Council may make regula- tions providing for the temporary exemption of vehicles or any class thereof from section 7 or any provision thereof. s. 34, amended 8. Section 34 of the said Act is amended by striking out "registered" in the third line and in the sixth line. s. 73, repealed 9. Section 73 of the said Act is repealed. 10. Subsections 104 (2) and (3) of the said Act are repealed. ?epeded' ^'' 1 1 . Section 1 7 1 of the said Act is amended by striking out "registered" a^g^^ded in the second line. 12. Section 181 of the said Act is amended by adding thereto the ^^^^^^J^^^ following subsection: (3) For the purposes of this Act, the holder of a permit as Permit defined in section 6 shall be deemed to be the owner of the deemed vehicle referred to in the permit if a number plate bearing a owner number that corresponds to the permit was displayed on the vehicle at the time an offence was committed unless the number plate was displayed thereon without his consent, the burden of proof of which shall be on the holder. 13. — (1) A permit issued under Part II of the Highway Traffic Act Extended before the 1st day of December, 1982 shall be deemed to be a of permit permit within the meaning of clause 6 (1) (e) of the Highway Traffic Act as re-enacted by section 1 of this Act. (2) Notwithstanding clauses 10 (1) (b) and (c) of the Highway Non^ Traffic Act, where a person who is the holder of a permit ofs. io(i) referred to in subsection (1), ceases to be the owner of a motor ^'s'^o'^iggo vehicle or trailer referred to in the permit, he shall give the c. i98 permit to the new owner. 14. This Act comes into force on a day to be named by proclamation of Commence- the Lieutenant Governor. 15. The short title of this Act is the Highway Traffic Amendment Act, Short title 1982. ^ H &3 3 5] n ffl o o o 3 t-h ^ 3 c H < — 1 3_ 3 ^ fi3 ■o r-K o C/5 o' <-t- z 3 t/1 3 o vO 00 a. a. Vol. s 0"? C 3 n I—' 00 0^ > ^ !^ 00 orq ^> CO '^ 3 3- BILL 85 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act respecting the Establishment of Polling Places in Residential Buildings Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to require that a polling place for a provincial election be provided in all residential premises in which more than 250 voters reside. The Bill also requires that every landlord of residential premises in which more than 250 voters reside must make the premises available for use as a polling place during a provincial election. BILL 85 1982 An Act respecting the Establishment of Polling Places in Residential Buildings HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 56 of the Election Act, being chapter 133 of the Revised R so. iqso, Statutes of Ontario, 1980, is amended by adding thereto the s. S6, ' following subsection: amended (5a) A polling place shall be provided in every residential Polling building in which, according to the list of voters prepared by the residential enumerators, more than 250 voters reside and every voter who is buildings resident in the building shall be entered on the polling list for that polling place. 2. The Landlord and Tenant Act, being chapter 232 of the Revised R so. igso, Statutes of Ontario, 1980, is amended by adding thereto the s. 94a' following section: enacted 94a. A landlord of residential premises in which 250 voters Polling • 1 r 1 1 11 1 1 11 • place in reside, or a servant or agent or such a landlord, shall permit an residential area of the premises to be used as a polling place in an election to pi'smises the Legislative Assembly, and, upon receipt of a request from a returning officer, shall assist the returning officer to provide the polling place at a central and convenient location in the premises. 3. This Act comes into force on the day it receives Royal Assent. Commence- ment 4. The short title of this Act is the Polling Places Act, 1982. Short title ta ^ '^ ^. ^ Q a g ^ w «1 ^ § X <3- i~^ «> t-i Co ^ (A5 > rv) •o k^ S !-<_ c^ 5X 1 ' "^ >0 o S- Pi. s' ,_» s OCI ex Orq ^ ;> o_ 3 tr: > 3 n QTQ (-»■ 2 o o r^_ 3 3" orq ?0 (-»■ ft> 3" C/l rt> W 3 P K ct; td 3- 3 S n> 3 5' rt- (W BILL 86 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act respecting the Display of Service Station Fuel Prices Mr. Samis TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill provides that where the operator of a service station posts a sign displaying fuel prices to motorists, the price of every kind or grade of fuel for sale at the service station must be shown. BILL 86 1982 An Act respecting the Display of Service Station Fuel Prices HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In this Act, Interpre- tation {a) "display" means to display by means of a sign that may be read by operators of motor vehicles from a highway; (b) "fuel" means any gas or liquid that may be used for the purpose of generating power by internal combustion; (c) "service station" means any premises at which fuel is sold and is put into the fuel tanks of motor vehicles or into portable containers. 2. No operator of a service station shall display or permit the Prohibition display of the price of fuel for sale at the service station unless the price of every kind or grade of fuel for sale at the service station is displayed in the same manner. 3. Every person who contravenes section 2 is guilty of an Penalty offence and on conviction is liable to a fine of not more than $1,000. 4. This Act comes into force on the day it receives Royal Commence- ment Assent. 5. The short title of this Act is the Fuel Price Display Act, short title 1982. > 0^ > t\J Td s l-l ?i- ^ >3 o crj S) cr S- s' H-i 0^3 o 0^ o > •-1 o n n UlXS r-f- n U> n <-t- <-t- o 3 3 OQ ^ 3^ C rt JL d ^ !-<_ on' o' (Ti ST w v: BILL 87 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act respecting the Succession to Estates of Deceased Persons in Ontario who have Beneficiaries residing in Designated Countries Mr. Breithaupt TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to ensure that payments from the estates of persons domiciled in Ontario at the time of death are not made to foreign beneficiaries who are unlikely to receive for their whole benefit or use substantially the full value of any payments made under the estate and who reside in certain countries designated by regulation. The Bill provides for an application to be made to a court for an order permitting payments to a foreign beneficiary. The court may also order that no payment be made to a foreign beneficiary, in which case the court shall make an order disposing of the estate in accordance with the rules of succession contained in the Succession Law Reform Act with necessary modifica- tions. BILL 87 1982 An Act respecting the Succession to Estates of Deceased Persons in Ontario who have Beneficiaries residing in Designated Countries HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, interpre- tation (a) "court" means a surrogate court or the Supreme Court of Ontario; (b) "deceased person" means a person who was domiciled in Ontario at the time of death; (c) "foreign beneficiary" means a person who ordinarily resides in a country designated in the regulations; (d) "payment" includes a payment, transfer, disposition or distribution of property; (e) "personal representative" means an executor, an administrator or an administrator with will annexed; (/) "property" means real or personal property; (g) "will" includes, (i) a testament, (ii) a codicil, (iii) an appointment by will or by writing in the nature of a will in exercise of a power, and (iv) any other testamentary disposition. 2. Where a will directs that a payment be made to a foreign Application beneficiary and where that foreign beneficiary makes an appli- bene^fidlry cation to the court to vary the manner of payment, the court shall not give its consent to that application, unless the court is satis- fied that, (a) the foreign beneficiary is likely to receive for his or her whole benefit or use or control substantially the full value of the payment being made to that person; and (b) in all the circumstances of the case the result would be just and equitable, having regard to the intentions of the deceased person, so far as ascertainable, in which case the court may grant the application to vary the manner of payment or make such other order as it considers appropriate in the circumstances. Application by personal represen- tative R.S.O. 1980 c. 488 3. — (1) Where a foreign beneficiary is entitled under Part II of the Succession Law Reform Act to all or part of the property comprising the estate of a deceased person, the personal rep- resentative of the deceased person shall not make any payment to that person of all or any part of such property unless the personal representative makes application and obtains an order from the court permitting the payment to be made to that person. Order by court (2) A court shall not make an order under subsection (1) unless the court is satisfied that. (a) the foreign beneficiary is entitled to property from the estate; (b) the foreign beneficiary is likely to receive for his or her whole benefit or use or control substantially the full value of the payment to be made to that person; and (c) in all the circumstances of the case, the result would be just and equitable having regard to the intentions of the deceased person, so far as ascertainable, in which case the court may make such order and may direct the payment to be made to the foreign beneficiary in such manner as it considers appropriate under the circumstances. Idem (3) Where the court has decided that no order should be made under subsection (2) because. (a) the foreign beneficiary would be unlikely to receive for his or her whole benefit or use or control substantially the full value of the payment to be made to that person; or (b) in all the circumstances of the case, the result would not be just or equitable having regard to the intentions of the deceased person, so far as ascertainable, the court may make such order and may direct such payment to be made to the foreign beneficiary in such manner as it considers appropriate or the court may refuse to direct any payment to be made to the foreign beneficiary of the deceased person, in which case the court shall make an order disposing of the estate of the deceased person in accordance with the provisions for succession contained in the Succession Law Reform Act with necessary RS.o. i98o, modifications. 4. — (1) Where a foreign beneficiary makes an application for AppiicaUon an order under Part V of the Succession Law Reform Act for PartVof property from the estate of a deceased person, the court shall not f 40? '^^°' make an order unless the court is satisfied that, (a) the foreign beneficiary is entitled to property from that estate; (b) the foreign beneficiary is likely to receive for his or her whole benefit or use or control substantially the full value of the payment to be made to that person; and (c) in all the circumstances of the case, the result would be just and equitable having regard to the intentions of the deceased person, so far as ascertainable, in which case the court may make such order and direct the payment to be made to the foreign beneficiary in such manner as it considers appropriate under the circumstances. (2) Where the court has decided that no order should be made ^dem under subsection (1) because, (a) the foreign beneficiary would be unlikely to receive for his or her whole benefit or use or control substantially the full value of the payment to be made to that person; or (b) in all the circumstances of the case, the result would not be just or equitable having regard to the intentions of the deceased person, so far as ascertainable, the court may make such order and may direct such payment to be made to the foreign beneficiary in such manner as it considers appropriate or the court may refuse to direct any payment to be made to the foreign beneficiary of the deceased person, in which case the court shall make an order disposing of the estate of the deceased person in accordance with the provisions for succession R.s.o. 1980, contained in the Succession Law Reform Act with necessary modifications. Considerations 5. Upon the hearing of an application under section 3 or 4, on app ica ion ^^^ court shall inquire into and consider all the circumstances of the application, including, (a) the proximity and duration of the foreign beneficiary's relationship with the deceased person; (b) where the foreign beneficiary is the spouse of the deceased person, a course of conduct by the spouse during the life-time of the deceased person that is an obvious and gross repudiation of the relationship; (c) the circumstances of the deceased person at the time of death; (d) any agreement between the deceased person and the foreign beneficiary; and (e) any previous distribution or division of property made by the deceased person in favour of the foreign beneficiary by gift or agreement or under court order. Evidence 6. — (1) Upon the hearing of an application under scction 2, 3 or 4, the court, (a) in addition to the evidence adduced by the parties appearing, may direct such other evidence to be given as the court considers necessary or proper; and (b) may accept such evidence as the court considers proper of the deceased person's intentions, so far as ascertain- able, including any statement in writing signed by the deceased person. Idem (2) In estimating the weight to be given to a statement referred to in clause (1) (b), the court shall have regard to all the cir- cumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement. Penalty 7. Every person who contravenes subsection 3 (1) is guilty of an offence and on conviction is liable to a fine of not more than $10,000. 8. The Lieutenant Governor in Council may make regula- Regulations tions designating countries for the purpose of this Act. 9. This Act does not apply in respect of the estates of persons Application who died before this Act came into force. ^^^^^ 10. This Act comes into force on the day it receives Royal Commence- Assent. '"'"' 1 1 . The short title of this Act is the Succession Law Act, Short title 1982. ^ 3. <:2 g a w w. «> W H CJ- DC 2- > hb ba H «J0 S > 3 CX5 >3 a. ft fD O ^ 2 -< 2. g^'O K" " cr cfl ►-< 3 c« QTQ § ^ 5' c/5 ^ ?r ° W < 5^ (T> CO n l-t o c in 3 51 i-f- i-^» >-«_ 3 S' orq «5 H-rf* 3 O n w (w' 3 P BILL 88 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to regulate Trading in Franchises Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill provides a comprehensive scheme for the regulation, by the Ontario Securities Commission, of trading in franchises. BILL 88 1982 An Act to regulate Trading in Franchises HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. (1) In this Act, interpre- tation (a) "Commission" means the Ontario Securities Commis- sion; (b) "company" means a corporation, incorporated associ- ation, incorporated syndicate or other incorporated organization; (c) "Director" means the Director or any Deputy Director of the Commission; (d) "file" means file with the Director in accordance with this Act and the regulations; (e) "franchise" means an agreement or arrangement whereby a franchisee obtains, (i) the right to engage in the business of offering, selling or distributing the goods manufactured, processed or distributed or the services organized and directed by the franchisor, (ii) the right to engage in the business of offering, selling or distributing any goods or services under a marketing plan or system prescribed or controlled by the franchisor, (iii) the right to engage in a business which is associated with the franchisor's trademark, ser- vice mark, trade name, logotype, advertising or any business symbol designating the franchisor or its associates, (iv) the right to engage in a business in which the franchisee is dependent on the franchisor for the continued supply of goods or services, or (v) the right to recruit additional franchisees or subfranchisors, but does not include agreements or arrangements between manufacturers; (/) "franchisee" means a person to whom a franchise is granted; ig) "franchisor" means a person who grants a franchise but does not include the Crown, a Crown agency or a municipal corporation; (h) "material change" means a change in the business, operations or capital of a franchisor or proposed fran- chisor that would reasonably be expected to have a significant effect on the marketability or value of the franchise and includes a decision to implement such a change made by the board of directors of the franchisor or proposed franchisor or by senior management of the franchisor or proposed franchisor who believes that confirmation of the decision by the board of directors is probable; (i) "Minister" means the Minister of Consumer and Com- mercial Relations or such other member of the Execu- tive Council to whom the administration of this Act is assigned; (J) "person" means an individual, partnership, company, unincorporated association, unincorporated organiza- tion, syndicate, trustee, executor, administrator or other legal representative; {k) "prescribe" means prescribe by regulation under this Act; (/) "regulations" means the regulations made under this Act; (m) "telegram" includes a typed or printed message trans- mitted by telegraphic, telephonic or electronic means; and («) "trade" or "trading" includes, (i) a sale or disposition of or other dealing in respect of a franchise, or any attempt to do any of the foregoing, and (ii) any act, advertisement, conduct, negotiation or solicitation directly or indirectly in furtherance of any of the activities referred to in subclause (i). (2) A company shall be deemed to be an affiliate of another Affiliated • 1 i-i- r 1 companies company where one of them is the subsidiary of the other or where both are subsidiaries of the same company or where each of them is controlled by the same person. (3) A company shall be deemed to be controlled by another Controlled , companies person or persons where, (a) voting securities of the first-mentioned company car- rying more than 50 per cent of the votes for the election of directors are held, otherwise than by way of security only, by or for the benefit of the other person or per- sons; and (b) the votes carried by such securities are entitled, if exer- cised, to elect a majority of the board of directors of the first-mentioned company. (4) A company shall be deemed to be a subsidiary of another Subsidiary companies company where, (a) it is controlled by, (i) that other, or (ii) that other and one or more companies each of which is controlled by that other, or (iii) two or more companies each of which is con- trolled by that other; or (b) it is a subsidiary of a company that is that other's sub- sidiary. REGULATION OF FRANCHISE TRADING 2. No person shall trade in a franchise on his own behalf or Prospectus on behalf of another person unless a prospectus for the franchise has been filed and a receipt obtained therefor. Exception 3. — (1) Scction 2 docs not apply to the sale or offer for sale of a business by a franchisee where, (a) a business is sold or offered for sale and includes the franchisee's rights in a franchise; ib) the sale or offer for sale is not effected by or through a franchisor; and (c) the franchisee retains no interest in the franchise other than as security for payment. Supplemental material (2) A sale or offer for sale is not effected by or through a franchisor merely because a franchisor has a right to approve or disapprove a different franchisee. Prospectus 4. — (1) A prospcctus shall provide full, true and plain disclo- sure of all material facts relating to the franchise and shall com- ply with this Act and the regulations. Additional information Material adverse change Prohibition (2) The Director may require such additional information as he considers necessary to be included in the prospectus. 5. — (1) Where a material adverse change occurs after a pros- pectus has been filed, an amendment to the prospectus shall be filed as soon as is practicable and in any event within ten days after the change occurs. (2) Where a material adverse change occurs after a receipt for a prospectus has been obtained, no person shall trade in the franchise on his own behalf or on behalf of another person until a receipt for the amended prospectus is obtained. Certificate of full disclosure 6. — (1) A prospectus and an amendment to a prospectus shall contain a certificate in the following form: 1982, c. Idem The foregoing constitutes full, true and plain disclosure of all material facts relating to the franchise offered by this prospectus as required by the Franchises Act, 1982 and the regulations thereunder. (2) The certificate referred to in subsection (1) shall be signed. (a) where the proposed franchisor is a company, by the chief executive officer, the chief financial officer and, on behalf of the board of directors, any two directors of the company who are authorized to sign, or, in the case of a company with only one director, by the sole direc- tor; (b) where the proposed franchisor is not a company, by the sole proprietor or all the partners, unit holders, mem- bers or trustees, as the case may be. 7. — (1) Where a solicitor, auditor, accountant, engineer. Consents appraiser or any other person whose profession gives authority to a statement made by him is named as having prepared or certified any part of the prospectus, his written consent to the inclusion of the report or valuation shall be filed with the Commission not later than the time the prospectus is filed. (2) The Director may dispense with the filing of a consent ^'^^^ required by subsection (1) if, in his opinion, the filing is imprac- ticable or involves undue hardship. (3) The consent of an auditor or accountant referred to in i^em subsection (1), (a) shall refer to the report required under the regulations, stating its date and the dates of the financial statements on which the reports are made; and (b) shall contain a statement that he has read the pros- pectus and that the information contained in the pros- pectus which is derived from the financial statements contained in the prospectus or which is within his knowledge is, in his opinion, presented fairly and is not misleading. (4) Where any person referred to in subsection (1), Disclosure ' -^ ^ " of interest (a) has directly or indirectly received or expects to receive any interest, direct or indirect, in the property of the franchisor or an affiliate; or (b) beneficially owns, directly or indirectly, any securities of the franchisor or an affiliate, that interest or ownership shall be disclosed in the prospectus. (5) Where a person referred to in subsection (1) is or is Wem expected to be elected, appointed or employed as a director, officer or employee of the franchisor or an affiliate, that fact shall be disclosed in the prospectus. (6) When an amendment is proposed to be made in a pros- Further 1 • 1 • • /• 1 tO • n i-r consent pectus that m the opmion of the Director materially affects any consent required by subsection (1), the Director may require that a further consent be filed with the Commission before a receipt for the amended prospectus is issued. Security for performance 8. Where the Director finds that a proposed franchisor has failed to demonstrate that adequate financial arrangements have been made to fulfil the obligations set out in the prospectus, the Director may by order require the prospective franchisor to fur- nish a surety bond to protect prospective franchisees and may prescribe the form and amount of the bond. Receipt for prospectus 9. — (1) The Director may in his discretion issue a receipt for any prospectus that has been filed unless it appears to the Direc- tor that, (a) the prospectus or a document required to be filed with it, (i) fails to comply in any substantial respect with any of the requirements of this Act or the regu- lations, (ii) contains any statement, promise, estimate or forecast that is misleading, false or deceptive, or, (iii) conceals or omits to state any material fact necessary in order to make any statement con- tained in it not misleading in the light of the circumstances in which it was made; (b) it would not be in the public interest to do so because of, Thirty-day period (i) the criminal record or judgment debtor status of a person involved in the management of the franchise, (ii) the financial position of the franchisor, (iii) the business experience of the franchisor, (iv) the ability of the franchisor to provide the goods and services outlined in the prospectus, or (v) the experience or expertise of a person referred to in subsection 7 (1). (2) The Director shall make a determination under subsection (1) in writing within thirty days of the receipt of the prospectus and any amending document, and shall give the person who filed the prospectus an opportunity to be heard. Bond 10. The Director may, and where so directed by the Com- mission shall, (a) require any franchisor to deliver a surety bond to the Commission within a specified time; or (b) require a franchisor who had previously delivered a surety bond to deliver a new bond, approved by the Director as to form and amount, to the Commission. 11. — (1) Where it appears to the Commission, Order to cease trading (a) that any of the circumstances set out in section 9 exists; (b) that there has been a failure to comply with this Act or the regulations or any rule or order of the Commission; or (c) that trading in the franchise would constitute deceit or fraud of the purchasers, the Commission may order that all trading in the franchise shall cease. (2) No order shall be made under subsection (1) without a Temporary hearing, unless in the opinion of the Commission the length of without time required for a hearing could be prejudicial to the public h<=^""g interest, in which event a temporary order may be made which shall expire fifteen days from the date of its making, unless the hearing is commenced, in which case the Commission may extend the order until the hearing is concluded. (3) A notice of every order made under this section shall be ^fj^ct of served on the person to whose franchise the prospectus relates and immediately upon service of the notice any receipt issued by the Director for the prospectus is revoked and no person shall thereafter trade in the franchise on his own behalf or on behalf of another person. 12. — (1) Where a material change other than an adverse 'Material change occurs after a prospectus has been filed, an amendment to the prospectus shall be filed as soon as is practicable and in any event within ten days after the change occurs. (2) The Director may in his discretion issue or refuse to issue a Receipt receipt for the amended prospectus, but in no case shall a refusal be made without an opportunity to be heard. (3) Where the Director refuses to issue a receipt for a pros- Prohibition pectus amended under subsection (1), no person shall thereafter trade in the franchise on his own behalf or on behalf of another person. Renewal statement or other filing 13. — (1) No person shall trade in a franchise on his own behalf or on behalf of another person after a day that is one year after, (a) the day on which a receipt for the prospectus was obtained; {b) the day on which a receipt for an amendment to the prospectus was obtained; or (c) the day on which a receipt for a renewal statement in the prescribed form was obtained, whichever is the latest, unless a receipt for a renewal statement in the prescribed form has been obtained since the day described in clause (a), (b) or (c). Idem (2) The Director may in his discretion require the filing of a new prospectus in lieu of a renewal statement. GENERAL Representations 14. — (1) No person shall represent that a receipt has been prospectus issucd for a prospectus unless the receipt has been issued. Idem (2) Where a receipt for a prospectus has been issued, a person may represent that a prospectus has been issued but may do so only in accordance with the regulations. Prohibition 15. No person shall represent, in writing or orally, that the Commission has in any way passed on. {a) the financial standing, fitness or conduct of any fran- chisor; (b) the quality of any franchise; or (c) the results to be expected by a franchisee operating under the terms of the franchise. Restriction on advertising 16. — (1) No person shall publish any advertisement offering a franchise unless a true copy of the advertisement has been filed at least three days before its publication. Order by Director (2) Where the Director is of the opinion that an advertisement filed under subsection (1) contains a false, misleading or decep- tive statement, he may order that it not be published or that its publication cease. (3) No person shall publish or continue to publish an adver- Offence tisement to which this section applies after the Director has notified him of an order under subsection (2). 17. A franchisor offering franchises for sale shall keep com- Records plete books, records and accounts of his sales in Ontario, as prescribed, at his principal place of business in Ontario shown on the prospectus or renewal statement. OFFENCES AND PENALTIES 18. (1) A person who, Offences and penalties (a) in any material, evidence or information submitted or given under this Act or the regulations to the Commis- sion, its representative, the Director or a person appointed to make an investigation or audit under this Act makes a statement, (i) that, at the time and in the light of the cir- cumstances under which it is made, is false or misleading with respect to a material fact, or (ii) that omits to state a material fact, the omission of which makes the statement false or mislead- ing; (b) in a prospectus, renewal statement or other document required to be filed or furnished under this Act or the regulations makes a statement, (i) that, at the time and in the light of the cir- cumstances under which it is made, is false or misleading with respect to a material fact, or (ii) that omits to state a material fact, the omission of which makes the statement false or mislead- ing; (c) contravenes this Act or the regulations; or id) fails to observe or comply with an order, ruling, direc- tion or other requirement made under this Act or the regulations, is guilty of an offence and on conviction is liable to, {e) in the case of an individual, a fine of not more than $10,000; or 10 (/) in the case of a person who is not an individual, a fine of not more than $100,000. Idem (2) Where a company is guilty of an offence under subsection (1), every director or officer of the company who authorized, permitted or acquiesced in the offence is also guilty of an offence and on conviction is hable to a fine of not more than $2,000. Defence (3) No pcrson is guilty of an offence under clause (1) (a) or (b) where he establishes that he did not know that the statement was false or misleading and in the exercise of reasonable diligence could not have known that the statement was false or mislead- ing. Limitation period 19. No proceedings under section 18 shall be commenced more than five years after the facts on which the proceedings are based first came to the knowledge of the Commission. CIVIL REMEDIES AND LIABILITIES Delivery of prospectus Right to rescind 20. — (1) An agreement to purchase a franchise is not binding on the franchisee until the franchisor has delivered to the pur- chaser a copy of the prospectus and, where applicable, all sup- porting documents required under subsection 4 (2), all amend- ments to the prospectus and all renewal statements. (2) The purchaser may rescind the agreement to purchase a franchise within four days, exclusive of Saturdays and holidays, after receiving all the documents referred to in subsection (1). Idem (3) Where a material change occurs before an agreement to purchase a franchise is completed, the franchisor shall deliver an amendment to the prospectus to the purchaser as soon as is prac- ticable and the purchaser may rescind the agreement within four days, exclusive of Saturdays and holidays, after receiving the amendment. Notice of rescission (4) A purchaser may rescind an agreement under subsection (2) or (3) by delivering written notice of rescission to the fran- chisor or to the franchisor's agent or solicitor. Contents of prospectus (5) Every prospectus shall contain a statement of the rights given to a purchaser by this section. •Right to rescind 21. — (1) A franchisee has a right to rescind the agreement while still the owner of the franchise if the documents delivered under subsection 20 (1), at the time of delivery, contained an untrue statement of a material fact or omitted to state a material 11 fact necessary in order to make any statement contained therein not misleading in the light of the circumstances in which it was made. (2) No action shall be commenced under this section after the Limitation expiration of two years from, ^"^ (a) the receipt of the documents by the franchisee; or (b) the date of the agreement referred to in subsection (1), whichever is the later. (3) Subsection (1) does not apply to an untrue statement of a Exception material fact or an omission to state a material fact, (a) if the untruth of the statement or the fact of the omis- sion was unknown to the franchisor and, in the exercise of reasonable diligence, could not have been known to that person; 0) if the statement or omission was disclosed in an amendment to the prospectus filed in compliance with this Act and delivered to the purchaser before the agreement to purchase the franchise became binding; or (c) if the franchisee knew of the untruth of the omission at the time he purchased the franchise. (4) The cause of action conferred by this section is in addition 9*her to and without derogation from any other right the franchisee preserved may have at law. (5) Every prospectus shall contain a statement of the rights Contents of given to a franchisee by this section. prospectus 22. — (1) Where a receipt for a prospectus has been issued, Reliance on prospectus notwithstanding that the receipt is thereafter revoked, every purchaser of the franchise to which the prospectus relates shall be deemed to have relied on the statements made in the pros- pectus whether the purchaser has received the prospectus or not, and, if a material false statement is contained in the prospectus, every person who, at the time of the issue of a receipt for the prospectus, was a director of the franchisor or a person who signed the certificate required by section 6 is liable to pay compen- sation to all persons who have purchased the franchise for any loss or damage those persons have sustained as a result of the purchase unless it is proved. 12 (a) that the prospectus was filed with the Commission without the knowledge or consent of the director or person signing, and that, on becoming aware of its fil- ing with the Commission, he forthwith gave reasonable public notice that it was so filed; (b) that, after the issue of a receipt for the prospectus and before the purchase of the franchise by the purchaser, on becoming aware of any false statement therein, the director or person signing withdrew his consent thereto and gave reasonable public notice of the withdrawal and of the reason for it; (c) that, with respect to every false statement, the director or person signing had reasonable grounds to believe and did believe that the stateinent was true; (d) that the director or person signing had no reasonable grounds to believe that an expert who made a statement in a prospectus or whose report or valuation was pro- duced or fairly summarized in it was not competent to make the statement, valuation or report; or (e) that, with respect to every false statement purporting to be a statement made by an official person or contained in what purported to be a copy of or extract from a public official document, it was a correct and fair rep- resentation of the statement or copy of or extract from the document. Joint and several liability (2) A person's liability under subsection (1) as a director or as a signatory of the certificate is joint and several with all other such persons and, where the franchisor is a company, with the com- pany. Immunity of Commission and officers 23. — (1) No action or other proceeding for damages shall be instituted against the Commission or any member thereof, or any officer, servant or agent of the Commission for any act done in good faith in the performance or intended performance of any duty or in the exercise or the intended exercise of any power under this Act or the regulations, or for any neglect or default in the performance or exercise in good faith of such duty or power. Immunity re intended compliance (2) No person or company has any rights or remedies and no proceedings lie or shall be brought against any person or com- pany for any act or omission of the last-mentioned person or company done or omitted in compliance with this Act, the regu- lations or any direction, decision, order, ruling or other require- ment made or given under this Act or the regulations. 13 (3) Subsection (1) does not, by reason of subsections 5 (2) and Liability (3) of the Proceedings Against the Crown Act, relieve the Crown r so. 19 of liability in respect of a tort committed by the Commission or c 393 any person referred to in subsection (1) to which the Crown would otherwise be subject and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted. MINIMUM STANDARDS OF FAIRNESS 24. The relationship between a franchisor and franchisee is Fiduciary - , r- 1 • 1 1- • • 11 1 1 1 relationship one of mutual fiduciary obligation in all matters that relate to the franchise. 25. Where a franchisee is required or permitted by the Payments franchise agreement to contribute to the cost of advertising advertising arranged by another person, the person to whom the contribu- tion is made shall furnish the franchisee with a true and complete accounting of the disbursement of the funds within a reasonable time after the contribution is made. 26. — (1) A franchisee may apply to the Commission before or Hearing by ... --,. ^ ,. Commission after the termination of a franchise agreement for a hearing to determine the respective rights of the franchisor and franchisee under the franchise agreement and this Act. (2) In a hearing held under subsection (1), the burden of proof Burden that, ° ^'°° (a) the franchise agreement is fair; and (b) the conduct of the franchisor is fair in the cir- cumstances, lies upon the franchisor. (3) Upon a hearing held under subsection (1), the Commission Powers of , , . , . 1 r 1 • r Commission may amend the franchise agreement, excuse the franchisee from performance of any contractual obligation or prohibit the fran- chisor from exercising any contractual right, as the Commission considers fair, and in particular the Commission may, (a) prohibit the termination of the franchise agreement; {b) order that an assignment, sale or renewal of the franchise agreement be permitted; (c) prohibit the forfeiture of deposits or fees or direct their repayment to the franchisee; 14 (d) excuse the franchisee from an obligation to purchase goods or services necessary to the operation of the franchise from a particular source; and (e) prohibit the franchisor from preventing or restricting collective bargaining practices among franchisees, on such terms and conditions as the Commission may in its dis- cretion impose. Temporary order without hearing (4) In an urgent case, the Commission may make a temporary order under subsection (3) without a hearing, but the order shall expire fifteen days after the date of its making, unless the hearing is commenced, in which case the Commission may extend the order until the hearing is concluded. Retroactive appHcation (5) This section applies to a franchise agreement entered into before the coming into force of this Act. INVESTIGATION AND ACTION BY THE COMMISSION Examination of financial affairs 27. — (1) The Commission or a person whom it designates in writing as its representative may at any time make an examina- tion of the financial affairs of a franchisor and prepare a balance sheet as of the date of the examination and any other statements and reports required by the Commission. Access to records (2) The Commission or a person making an examination under this section is entitled to free access to all books of account, securities, cash, documents, bank accounts, vouchers, corres- pondence and records of every description of the franchisor and no person shall withhold, destroy, conceal or refuse to give any information or thing reasonably required for the purpose of the examination. Fees (3) The Commission may charge the fees prescribed for an examination made under this section. Experts Idem 28. — (1) The Commission may appoint one or more experts to assist the Commission in any manner it considers expedient. (2) The Commission may submit an agreement, prospectus, financial statement, report or other document to one or more experts appointed under subsection (1) for examination, and the Commission has the like power to summon and enforce the attendance of witnesses before the expert and compel them to produce documents, records and things as is vested in the Com- mission in conducting an investigation, and subsections 29 (3) and (4) apply with all necessary modifications. IS (3) An expert appointed under subsection (1) shall be paid Expenses such amounts for services and expenses as the Lieutenant Gov- ernor in Council determines. 29. — (1) Where on a statement made under oath it appears investi- probable to the Commission that any person has, (a) contravened this Act or the regulations; or (b) committed an offence under the Criminal Code (Can- R s.c. i97o, ada) in connection with a trade in franchises, the Commission may by order appoint one or more persons to make any investigation it considers expedient for the due administration of this Act, and in the order shall determine and prescribe the scope of the investigation. (2) The Commission may, on its own motion by order, i'^*^'" appoint one or more persons to make any investigation it consid- ers expedient for the due administration of this Act or into any matter relating to trading in franchises, and in the order shall determine and prescribe the scope of the investigation. (3) For the purposes of an investigation ordered under this Scope of section, the person appointed to make the investigation may investigate, inquire into and examine. (a) the affairs of the person in respect of whom the investi- gation is being made and any books, papers, docu- ments, correspondence, communications, negotiations, transactions, investigations, loans, borrowings and payments to, by, on behalf of or in relation to or con- nected with that person and any property, assets or things owned, acquired or alienated in whole or in part by that person or by any person acting on behalf of or as agent for that person; and ib) the assets at any time held, the liabilities, debts, undertakings and obligations at any time existing, the financial or other conditions at any time prevailing in or in relation to or in connection with any such person and the relationship that may at any time exist or have existed between that person and any other person by reason of a sale or an agreement of purchase and sale, commissions promised, secured or paid, interests held or acquired, the loaning or borrowing of money or other 16 property, interlocking directorates, common control, undue influence or control or any other relationship. Powers of investigator R.S.O. 1980, c. 14S (4) The person making an investigation under this section has the same power to summon and enforce the attendance of wit- nesses and compel them to give evidence on oath or otherwise, and to produce documents, records and things, as is vested in the Supreme Court for the trial of civil actions, and the failure or refusal of a person to attend, to answer questions or to produce the documents, records and things that are in his custody or possession makes the person liable to be committed for contempt by a judge of the Supreme Court as if in breach of an order or judgment of the Supreme Court, and no provision of the Evi- dence Act exempts any bank or any officer or employee of a bank from the operation of this section. Right to counsel (5) A person giving evidence at an investigation under this section may be represented by counsel. Seizure of documents, etc. (6) Where an investigation is ordered under this section, the person appointed to make the investigation may seize and take possession of any documents, records, securities or other prop- erty of the person whose affairs are being investigated. Copying (7) Where any documents, records, securities or other prop- erty are seized under subsection (6), the documents, records, securities or other property must be made available for inspec- tion and copying by the person from whom they were seized at a mutually convenient time and place. Appointment of expert (8) When an investigation is ordered under this section, the Commission may appoint an accountant or other expert to examine documents, records, properties and matters of the per- son whose affairs are being investigated. Report (9) A person appointed under subsection (1), (2) or (8) shall report the result of his investigation or examination to the Com- mission. Report to Minister 30. Where on the report of an investigation made under sec- tion 29 it appears to the Commission that any person may have. (a) contravened this Act or the regulations; or R.S.C. 1970, c. C-33 (b) committed an offence under the Criminal Code (Can- ada) in connection with a transaction relating to franchises. the Commission shall send a full and complete report of the investigation, including the report made to it, any transcript of 17 evidence and any material in the possession of the Commission relating thereto, to the Minister and to the Attorney General. 3 1 . The Minister may by order appoint one or more persons Minister's , , . . . 1 T»,r- • -1 1- investigation to make such mvestigation as the Mmister considers expedient for the due administration of this Act or into any matter relating to trading in franchises, in which case the person or persons so appointed have the same authority, powers, rights and privileges for the purposes of the investigation as a person appointed under section 29. 32. No person, without the consent of the Commission, shall 9?"" . ,. ' . . ^ . . , fidentiahty disclose, except to his counsel, any information or evidence obtained or the name of any witness examined or sought to be examined under section 29 or 31. 33. Where an investigation has been made under section 29, ^.^.p?""^ ^° Minister the Commission may, and, when an investigation has been made under section 31, the person making the investigation shall, report the result of the investigation, including the evidence, findings, comments and recommendations, to the Minister and to the Attorney General and the Minister, with the consent of the Attorney General, may publish the report in whole or in part in any manner he considers proper. 34.— (1) Where, P'-der freezing funds (a) the Commission is about to order an investigation under section 29 or 31; (b) an investigation under section 29 or 31 is proceeding or has been completed; (c) the Commission is about to make or has made a direc- tion, decision, order or ruling suspending, cancelling or affecting the right of a person to trade in a franchise; id) criminal proceedings or proceedings in respect of a contravention of this Act or the regulations are about to be or have been instituted against a person, that in the opinion of the Commission are connected with or arise out of a franchise or a trade in a franchise or out of any business conducted by that person, the Commission may, in writing or by telegram, (e) direct any person having on deposit or under control or for safekeeping any funds or securities of the person referred to in clause (a), (b), (c) or (d) to hold the funds or securities; or 18 (/) direct the person referred to in clause (a), {b), (c) or (d) to refrain from withdrawing any of the funds or secur- ities from any other person having any of them on deposit, under control or for safekeeping or to hold all funds or securities of clients or others in his possession or control, R.S.C. 1970, cc. B-3, W-10 R.S.O. 1980, cc. 223, 54 in trust for an interim receiver, custodian, trustee, receiver or liquidator appointed under the Bankruptcy Act (Canada), the Judicature Act, the Business Corporations Act or the Winding- up Act (Canada), or until the Commission in writing revokes the direction or consents to release any particular fund or security from the direction, and in the case of a bank, loan or trust company the direction applies only to the offices, branches or agencies named in the direction. Application for directions (2) A person in receipt of a direction given under subsection (1), if in doubt as to the application of the direction to any funds or franchise or in the case of a claim being made to the funds or franchise by a person not named in the direction, may apply to the Supreme Court which may direct the disposition of the funds, may declare the direction's application to any franchise and may make any order as to costs that to it seems just. Notice affecting land (3) In any of the circumstances mentioned in clause (1) (a), (b), (c) or (d), the Commission may in writing or by telegram notify any land registrar that proceedings are being or are about to be taken that may affect land belonging to the person referred to in the notice, and the notice shall be registered or recorded against the land mentioned in it and has the same effect as the registra- tion or recording of a certificate of lis pendens or a caution, but the Commission may in writing revoke or modify the notice. Application for appoint- ment of receiver, etc. 35.— (1) Where, (a) the Commission is about to order an investigation under section 29; (b) an investigation under section 29 or 31 is proceeding or has been completed; (c) the Commission is about to make or has made a direc- tion, decision, order or ruling suspending, cancelling or affecting the right of any person to trade in a franchise; or id) criminal proceedings or proceedings in respect of a contravention of this Act or the regulations are about to be or have been instituted against a person that in the opinion of the Commission are connected with or arise 19 out of any franchise or any trade in a franchise, or out of any business conducted by that person, the Commission may apply to the Supreme Court for the appointment of a receiver or a receiver and manager or a trustee of the property of that person. (2) On an appHcation made under subsection (1), the Court Wem may, if it is satisfied that the appointment of a receiver or a receiver and manager or a trustee of the property of any person is in the best interests of the creditors of that person or of persons whose property is in the possession or under the control of that person, appoint a receiver or a receiver and manager or a trustee of the property of that person. (3) On an ex parte application made by the Commission under Ex parte this section, the Court may make an order under subsection (2) appointing a receiver or a receiver and manager or a trustee for a period not exceeding eight days. (4) A receiver or a receiver and manager or a trustee of the Powers of receiver, etc property of a person appointed under this section is the receiver or the receiver and manager or the trustee of all the property belonging to the person or held by the person on behalf of or in trust for any other person, and the receiver or the receiver and manager or the trustee shall have authority, if so directed by the Court, to wind up or manage the business and affairs of the person and all powers necessary or incidental thereto. APPEALS 36. — (1) Any person directly affected by a decision of the Review of Director may, by notice in writing sent by registered mail to the decision Commission within thirty days after the mailing of the notice of the decision, require a hearing and review thereof by the Com- mission. (2) A decision under review takes effect immediately despite a stay request for a hearing under subsection (1), but the Commission may grant a stay until disposition of the hearing and review. (3) Upon a hearing and review, the Commission may by order Power on confirm the decision under review or make such other decision as the Commission considers proper. 37. — (1) Any person directly affected by a decision of the Appeal Commission may appeal to the Divisional Court. 20 Stay (2) Notwithstanding that an appeal is taken under this sec- tion, the decision appealed from takes effect immediately, but the Commission or the Divisional Court may grant a stay until disposition of the appeal. Commission entitled to appear Powers of court on appeal (3) The Commission is entitled to be heard by counsel or otherwise upon the argument of an appeal under this section. (4) Where an appeal is taken under this section, the Court may by its order direct the Commission to make such decision or to do such other act as the Commission is authorized and empowered to do under this Act or the regulations and as the Court considers proper, having regard to the material and sub- missions before it and to this Act and the regulations, and the Commission shall make such decision or do such act accordingly. Further decisions (5) Despite an order of the Court on an appeal, the Commis- sion may make any further decision upon new material or where there is a significant change in the circumstances, and every such decision is subject to this section. ADMINISTRATION Statements receivable in evidence 38. A statement as to, (a) the issue of or refusal to issue a receipt for a prospec- tus; (b) the filing or non-filing of any document; or (c) any related matter. Execution of warrant issued in another province Idem purporting to be certified by the Commission or by a member of it or by the Director may be admitted in evidence in any proceed- ing without proof of the office or signature of the persons certify- ing. 39. — (1) Where a provincial judge, magistrate or justice of another province or territory of Canada issues a warrant for the arrest of a person on a charge of contravening any statute of the province or territory similar to this Act, any provincial judge or justice of Ontario within whose jurisdiction that person is or is suspected to be may, on satisfactory proof of the handwriting of the provincial judge, magistrate or justice who issued the warrant, make an endorsement on the warrant in the form prescribed by the regulations. (2) A warrant endorsed under subsection (1) is sufficient authority to the person bringing the warrant and to all other persons to whom it was originally directed and to all constables 21 within the territorial jurisdiction of the provincial judge or jus- tice who endorsed the warrant to execute it and to take the person arrested under it either out of or anywhere in Ontario and to re-arrest the person anywhere in Ontario. (3) Any constable of Ontario or of another province or terri- Prisoner tory of Canada who is passing through Ontario having in his custody a person arrested in another province under a warrant endorsed under subsection (1) is entitled to hold, take and re- arrest the accused anywhere in Ontario under the warrant with- out proof of the warrant or of its endorsement. 40. — (1) Where it appears to the Commission that a person Order for ,^., , I'l- • • • r 1 • compliance has failed to comply with or is contravening any provision oi this Act or the regulations, despite the imposition of any penalty in respect of the non-compliance or contravention and in addition to any other rights it may have, the Commission may apply to a judge of the High Court by way of originating notice for an order directing that person to comply with the provision or for an order restraining that person from contravening the provision, and on the application the judge may make that order or any other order that he thinks fit. (2) The originating notice shall be served at least two clear Notice days before the day named in the notice for hearing the applica- tion. (3) An appeal lies to the Divisional Court from an order made Appeal under subsection (1). 41. — (1) Any bond mentioned in section 8 or 10 is forfeited Forteiture and the amount of it becomes due and owing by the person bound by it as a debt due to the Crown in right of Ontario, (a) where a person or an officer or partner of a company in respect of whose conduct the bond is given has been convicted of, (i) an offence under this Act or the regulations, (ii) an offence involving fraud or theft or conspiracy to commit an offence involving fraud or theft under the Criminal Code (Canada), or r.s.c. i97o, c. C-33 (iii) an offence in connection with a transaction relating to securities under the Criminal Code (Canada); (b) where judgment based on a finding of fraud has been given against a franchisor or an officer or partner of a 22 franchisor company in respect of whose conduct the bond is conditioned; or R.S.C. 1970, c. B-3 (c) where proceedings by or in respect of a franchisor or an officer or partner of a franchisor company in respect of whose conduct the bond is given have been taken under the Bankruptcy Act (Canada) or by way of winding up and a receiving order under the Bankruptcy Act (Can- ada) or a winding-up order has been made, and the conviction, judgment or order has become final by reason of lapse of time or of having been confirmed by the high- est court to which an appeal may be taken. Cancellation of bond Bond to continue in force (2) A bond may be cancelled by any person bound under it by giving to the Director at least three months notice in writing of intention to cancel and, subject to subsection (3), it shall be deemed to be cancelled on the date stated in the notice. (3) For the purposes of every act and omission occurring while a person in respect of whose conduct a bond has been given is entitled to trade in a franchise or during the period prior to cancellation of a bond under subsection (2), the bond continues in force and the collateral security, if any, shall remain on deposit for a period of two years after the lapse or cancellation of the right to trade in a franchise to which it relates, or the cancellation of the bond, whichever occurs first. Sale of collateral security Proceedings where Crown is creditor R.S.C. 1970, cc. B-3, W-10 R.S.O. 1980, cc. 223, 54 (4) Where a bond secured by the deposit of collateral security with the Treasurer of Ontario is forfeited under subsection (1), the Lieutenant Governor in Council may direct the Treasurer to sell the collateral security at the current market price. (5) Where Her Majesty becomes a creditor of any person in respect of a debt due to the Crown arising from the provisions of subsection (1), the Commission may take any proceedings it con- siders fit under the Bankruptcy Act (Canada), the Judicature Act, the Business Corporations Act or the Winding-up Act (Can- ada) for the appointment of an interim receiver, custodian, trus- tee, receiver or liquidator. Payment to judgment creditor, etc. (6) The Lieutenant Governor in Council may direct the Trea- surer of Ontario, (a) to assign a bond forfeited under subsection (1) and transfer the collateral security, if any; {b) to pay over any money recovered under such a bond; or (c) to pay over any money realized from the sale of the collateral security under subsection (4), 23 to any person, or to the clerk of the Supreme Court in trust for persons who may become judgment creditors of the person bonded or to any trustee, custodian, interim receiver, receiver or hquidator of the person bonded. (7) Where, Refund of balance (a) a bond has been forfeited under subsection (1) by reason of a conviction or judgment under clause (1) (a) or (b); and (b) the Commission has not, (i) within two years of the conviction or judgment having become final, or (ii) within two years of the franchisor in respect of whom the bond was furnished having ceased to carry on business as such, whichever occurs first, received notice in writing of any claim against the proceeds of the bond or of such por- tion of the bond as remains in the possession of the Treasurer of Ontario, the Lieutenant Governor in Council may direct the Treasurer to pay the proceeds or portion of them to the person or to any person who on forfeiture of the bond made any payments under it, after first deducting the amount of any expenses that have been incurred in connection with any investigation or other matter relating to the bonded person. 42. This Act applies despite any agreement or waiver to the Application contrary. 43. The Lieutenant Governor in Council may make regula- Regulations tions, (a) prescribing the form and content of prospectuses and renewal statements; ib) governing the books, records and accounts to be kept under section 17; (c) governing the furnishing of information to the public or to the Commission by a franchisor in connection with franchises or trades in them; id) governing the keeping of accounts and records, the preparation and filing of financial statements of fran- chisors and audit requirements with respect thereto; 24 (e) prescribing the fees payable to the Commission, including fees for filing, fees in respect of audits made by the Commission and other fees in connection with the administration of this Act and the regulations; if) prescribing the form, content and other particulars of documents, reports, statements, agreements and other information required to be filed, furnished or delivered under this Act and the regulations; (g) prescribing the practice and procedure of investigations under sections 29 and 31; (h) prescribing forms for use under this Act and the regu- lations; and (i) prohibiting or otherwise regulating the distribution of written or printed material by a person in respect of a franchise whether in the course of trading or otherwise. Commence- 44. This Act comcs into force on a day to be named by proc- "'*^"' lamation of the Lieutenant Governor. Short title 45. The short title of this Act is the Franchises Act, 1982. ba 5= «^* crq U Kj V Kk C ;5 s l-i_ O) ET ?5- i-f- H a fa (A5 c^ 00 0^ 5' > 3 •^ BILL 89 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Education Act Mr. Di Santo TORONTO Printed BY Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to provide for heritage language instruction in Ontario. The Bill sets forth a procedure for the establishment of heritage lan- guage programs in order that a heritage language may be taught as a subject of instruction or as a language of instruction. When a school board decides to institute a heritage language program, the Bill requires that a local heritage language advisory committee be established to provide continuing advice to the board concerning the nature and content of the heritage language program. In the case of a dispute between the board and the advisory committee, the Bill provides that the matter in dispute may be referred to the Minister for determination. BILL 89 1982 An Act to amend the Education Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Clause 235 (1) (/) of the Education Act, being chapter 129 of the «. 235 (i) (/), Revised Statutes of Ontario, 1980, is repealed and the following substituted therefor: (/) in instruction and in all communications with pupils in language regard to discipline and the management of the school, instruction to use English or another language that will be under- stood by the pupil, except in respect of a language that is being taught as one of the subjects in the course of study. 2. The said Act is amended by adding thereto the following Part: Pa^t xi-a (ss. 277o- 2 77/), enacted PART XI-A HERITAGE LANGUAGE INSTRUCTION 277a. In this Part, interpre- tation (a) "board" means a board of education, public school board, secondary school board or separate school board; {b) "board area" means the area in which a board has jurisdiction; (c) "heritage language" means a language other than English or French; id) "student" means any person who has a right to attend a school in a board area in which the person is qualified to be a resident pupil. Purpose 2776. The purpose of this Part is, (a) to provide students with the opportunity to study a heritage language as a subject of instruction in order to preserve or establish links with a heritage language community; and Heritage language classes (b) to provide students with instruction in a heritage lan- guage as a means of transition to learning and working in the English or French language. 2 77c. — (1) A board may establish and maintain classes for the purpose of providing a heritage language as a subject of instruc- tion or as a language of instruction for the purpose of transition to English or French. Heritage language as a subject of instruction (2) Where, after the first school day in September and on or before the first day of April next following, written evidence is presented to a board that a number of students resident in the board area and directly related to a heritage language community has elected to be taught the heritage language as a subject of instruction, the board shall forthwith determine whether stu- dents can be assembled for this purpose in one or more classes of twenty or more and, where the board determines that such stu- dents can be so assembled, it shall provide the language as a subject of instruction in such classes or groups. When classes to be held (3) The board shall provide the heritage language as a cur- riculum subject for academic credit during the regular school day where the board determines that one or more classes or groups of twenty or more students can be assembled for the purpose and the board may establish such other classes at such times and locations as the board considers necessary to meet the needs of the heritage language community. Admission to classes (4) Upon determining that a heritage language shall be taught as a subject of instruction, a board may permit students who have no direct relationship to the heritage language community to receive instruction in the language. French, English as heritage languages (5) For the purposes of this section, French shall be deemed to be a heritage language except where the number of English- speaking students of a board is fewer than the number of stu- dents of the board for whom French is the language of instruc- tion, in which case English shall be deemed to be a heritage language. Transition classes 277 d. — (1) Where, after the first school day in September and on or before the first day of April next following, written evi- dence is presented to a board that a number of students resident in the board area whose mother tongue is a heritage language has elected to be taught in the heritage language as a language of instruction for the purpose of transition to English or French, the board shall forthwith determine whether students can be assem- bled for this purpose in one or more classes or groups of twenty or more and, where the board determines that such students can be so assembled, it shall provide the language as a language of instruction in such classes or groups. (2) English or French shall be a subject of instruction in all instruction grades in which a heritage language is a language of instruction, o" French me. — (1) Where a board establishes, extends or decides to Advisory establish or extend a class, group or program in which a heritage language is a subject of instruction or a language of instruction, the board shall, within two months of the establishment, exten- sion or decision to establish or extend by resolution, establish an advisory committee and provide for the holding of election of members thereof. (2) No person is eligible to be a member of an advisory Membership committee unless the heritage language in respect of which the commlt'tTe'^^ committee is established is the mother tongue of that person. (3) The advisory committee is responsible for developing Recommen- proposals designed to meet the educational and cultural needs of students and community members who speak or wish to study the heritage language and for such purpose may make recom- mendations in respect of, (a) the establishment, operation and management of heri- tage language instructional programs; ib) the use of the heritage language and of the English and French languages in heritage language instructional programs; (c) the recruitment and appointment of the required teaching, supervisory and administrative personnel; id) the establishment of the course of study and the use of textbooks and other instructional material; (e) the establishment of attendance areas for heritage lan- guage instructional programs; (/) the provision of transportation for pupils; ig) the entering into agreements with other boards in respect of the provision of instruction in the heritage language and supervising and consultative services; (h) the development and establishment of adult education programs; (i) the use of any facility and means necessary to meet the educational and cultural needs of the heritage language community; (j) the provision of summer school programs; and (k) any other matter pertaining to heritage language edu- cation. Committee report to board Board to seek advice of committee (4) The committee shall report at each regular meeting of the board. (5) The board shall seek the advice of the committee on all matters affecting the establishment, program, administration and termination of heritage language classes, groups or programs before any final decision regarding such matters is taken by the board. Consider- ation of recommen- dations by board (6) The board shall consider any recommendation submitted to it in writing by the committee and shall not refuse its approval without having given the committee an opportunity to be heard by the board or by any committee of the board to which such recommendation is referred and, where a board refuses a recommendation of the committee, it shall, within thirty days after receiving the recommendation of the committee, forward to the committee written reasons for its refusal. Referral to Minister 277/. — (1) Upon receipt of a refusal and the reasons therefor under subsection (5), the committee may, by motion, refer the matter to the Minister, in which case it shall send to the Minister and to the board copies of the motion, the recommendation of the committee and the written reasons of the board for its refusal. Deferral of action by board (2) When a matter is referred to the Minister, the board concerned shall defer action thereon until the matter has been resolved. Written reasons Commence- ment Short title (3) The Minister shall provide written reasons to the commit- tee and the board in respect of a decision made on a matter referred to the Minister by the committee. 3. This Act comes into force on the day it receives Royal Assent. 4. The short title of this Act is the Education Amendment Act, 1982. do > H O > &3 Oj Ki V k^ 3 n 3 a. ►-<_ O) >3 >0 S 0^ S> O cr cr e5» s 1X3 0^5 t— ' 00 til a > 3 O 3 > n BILL 90 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to prevent unjust enrichment through the Financial Exploitation of Grime Mr. Renwick TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill makes moneys earned by accused criminals from the sale of their memoirs payable to the Criminal Injuries Compensation Board, which uses the funds received in each case to satisfy judgments obtained by victims of the crime. BILL 90 1982 An Act to prevent unjust enrichment through the Financial Exploitation of Grime HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, interpre- tation (a) "Board" means the Criminal Injuries Compensation Board established under the Compensation for Victims R so. i980, of Crime Act; (b) "broadcast" means information transmitted by cables, wires, fibre-optic linkages, laser beams or any form of wireless radioelectric communication employing Hert- zian waves; (c) "person accused or convicted of a crime" includes, (i) a person who has been charged with a crime, (ii) a person who has been convicted of a crime, and (ill) a person who has admitted the commission of a crime for which the person has not been pros- ecuted; (d) "victim" means a person who suffers injury, damage or pecuniary loss as a direct result of a crime. 2. — (1) Every person who makes an agreement with a person Payments accused or convicted of a crime, or with the person's agent or assignee, with respect to a book, magazine or newspaper article, broadcast, tape recording, phonograph recording, video record- ing, live presentation or other representation based upon or con- cerning the crime shall, (a) provide the Board with a copy of the contract; and List to be public Board to hold funds ib) pay to the Board any moneys which would, under the contract, be payable to the person accused or convicted of the crime, his agent or nominee. (2) The Board shall maintain a complete list of all persons in respect of whom it receives moneys under section 2 and shall make the list available to the public upon request. 3. — (1) The Board shall hold all moneys received under sec- tion 2 in a special account, which may be an interest-bearing account, shall keep full records as to their source and disburse- ment and shall deal with the moneys in accordance with this Act. Interest Notice to victims (2) Interest earned on moneys received under section 2 forms part of the moneys to be dealt with by the Board in accordance with this Act. 4. — (1) Where the Board first receives moneys under section 2 in respect of a particular crime, it shall publish, in a newspaper circulated in the community where the crime was committed or alleged to have been committed, at least once every week for four weeks, a notice advising victims of the crime that it holds the moneys and of their rights under this Act. Idem (2) The Board may give such further notice to victims as it considers advisable. Victim may sue R.S.O. 1980, cc. 152, 240 Notice to Board 5. — (1) Despite subsection 60 (4) of the Family Law Reform Act and section 45 of the Limitations Act, a victim may bring an action for the recovery of damages against the person accused or convicted of the crime within five years after the date on which the Board first received moneys under section 2 in respect of the crime. (2) A victim who commences an action for damages against the person accused or convicted of the crime shall provide the Board with a copy of the statement of claim. Payment to victim 6. — (1) Where a victim obtains judgment in an action for damages commenced against the person accused or convicted of the crime, the Board, after a day five years and six months after the day the Board first received moneys under this Act, shall pay the amount of the judgment and costs to the victim from the funds it holds under this Act. Action for damages (2) Where, on the day named in subsection (1), the Board has notice that a victim has commenced an action for damages against the person accused or convicted of the crime and that the action has not been finally disposed of, the Board shall not make a payment under subsection (1) until the action has been finally disposed of. (3) Where the aggregate amount of judgments and costs in when funds respect of a particular crime exceeds the moneys received by the Board in respect of the crime, the Board shall distribute the moneys to the victims on a pro rata basis. 7. — (1) Where, on a day five years and six months after the Release of day the Board first received moneys under this Act in respect of a no victim particular crime, the board has not been notified of an action ^"^^ commenced against the person accused or convicted of the crime during the five-year period described in subsection 5 (1), the Board shall release the moneys to the person accused or con- victed of the crime. (2) Where, after the Board has paid the full amounts of all Balance judgments and costs payable to victims of a particular crime in judgments accordance with this Act, the Board retains a balance of moneys satisfied received in respect of the crime, the Board shall pay the balance to the person accused or convicted of the crime. 8. Every person who contravenes section 2 of this Act is Penalty guilty of an offence and upon conviction is liable to a fine not exceeding $5,000. 9. Nothing in this Act affects the power of the Board to Boards , . ••11^ • /. power under award compensation to a victim under the Compensation for r/e^.o. iqso, Victims of Crime Act. '^ *^ 10. This Act comes into force on the day it receives Royal Commence- , ment Assent. 1 1. The short title of this Act is the Profits from Crime Act, Short title 1082. t» ^ -4 M. C2 ^ 5!d «i w § % g Co > Uj Kj "O l>^ •^ S l-( <^ a- Pi- t^ >3 !5 >3 ft Pi. (X5 (X5 00 Orq I? 5' ^ O 3 £L o' > "! tr ^ ^ == tl _ i-< 2 c 5- o =^5 n ^ ^ BILL 91 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to revise the Municipal Interest and Discount Rates Act, 1981 The Hon. C. Bennett Minister of Municipal Affairs and Housing TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill revises the Municipal Interest and Discount Rates Act, 1981 which provides municipalities and local boards with a method of imposing higher charges and charging higher interest on overdue payments owed to them and of allowing greater discounts on payments made in advance to them than may be charged or allowed under such Acts as the Municipal Act, the Education Act or the Assessment Act. The Act applies if a municipality or local board is empowered under some other statute to impose charges and charge interest on overdue pay- ments or to allow discounts on payments made in advance. The principal features of the Bill are as follows: 1. Municipalities and local boards will be authorized to establish the rates of the charges, interest and discounts to be imposed or allowed in respect of taxes or other payments in December of any year if the by-law comes into force at any time between January 1st and March 31st of the next year. At present, the charges, interest and discounts that may be made applicable to any whole year must be fixed in that year. 2. At present, the maximum rate that a municipality or local board may fix in respect of charges, interest or discounts is based on the highest prime rate of a Canadian bank on the day that the municipality or local board passes its by-law fixing the rate. The Bill will allow the munici- pality to choose the highest prime rate of a Canadian bank either on the day the by-law fixing the rate is passed or on any other day not more than fourteen days prior to the day the by-law is passed. 3. Municipalities and local boards will be allowed not only to lower their interest rates and charges in the year for which they were fixed but to subsequently raise them back up to the rate initially fixed. At present, the rates and charges fixed for any year may only be lowered in that year. Conversely discount rates may be increased in the year for which they were fixed and then subsequently may be decreased to the rate initially fixed. At present, such rates can only be increased in the year for which they are fixed. 4. Where a municipality, during any year, alters the charges, interest rates or discount rates imposed or allowed on taxes levied for the year, the municipality will be allowed to give notice to the taxpayers by publish- ing a notice of the new rates in a newspaper having general circulation in the municipality. The new rate will come into effect on the 1st day of the month next following the publishing of the notice or on such other day following the publishing of the notice as the council specifies in the by-law. At present, notice would have to be given by mailing a printed notice to each taxpayer and the taxpayers would not be subject to the new rates until fourteen days following the mailing of the notices. 5. Municipalities will be allowed to pay interest at such rate as they wish on tax overpayments returned to a taxpayer following the successful conclusion of the taxpayers assessment appeal. At present, municipalities are not allowed to pay interest on such overpayments. BILL 91 1982 An Act to revise the Municipal Interest and Discount Rates Act, 1981 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In this Act, interpre- tation (a) "authorized period" means the fourteen-day period immediately preceding the day the relevant by-law is passed; (b) "bank" means a bank named in Schedule A to the Bank i98o-8i, Act (Canada); (c) "municipality" means a municipality as defined in the Municipal Affairs Act and a metropolitan, regional or R so. i980, district municipality or the County of Oxford and any local board thereof; id) "overdue payment" includes any payment to be made to a municipality in respect of, (i) overdue taxes owing to the municipality, (ii) overdue amounts owing to the municipality pur- suant to a levy or requisition made by that municipality upon another municipality, (iii) overdue amounts owing to the municipality by another municipality to be applied towards out- standing indebtedness of the municipality, and (iv) overdue amounts owing to the municipality by another municipality for the supply of water or some other service by the first-mentioned municipality to the other municipality; Application ie) "prime rate" means the lowest rate of interest quoted by a bank to its most credit-worthy borrowers for prime business loans; (/) "prime rate percentage" means the prime rate of the bank that has the highest prime rate on the relevant day expressed as a percentage only, without the addition of the words "per annum". 1981, c. 26, s. 1, amended. 2. Sections 3 and 4 apply only where, under any general or special Act, a municipality is authorized or required to charge interest on overdue payments or to allow a discount for payments made in advance of their due date and where a municipality is authorized or required, (a) to charge interest on overdue payments, the municipal- ity may charge interest in accordance with section 3 in lieu of charging interest in accordance with such other Act; and (b) to allow a discount for payments made in advance of the due date, the municipality may allow a discount in accordance with section 4 in lieu of allowing a discount in accordance with such other Act, Alternate interest rate Idem notwithstanding that the interest charged or the discount allowed is at a rate that is higher or lower than the rate authorized or required to be charged under such other Act. 1981, c. 26, s. 2. 3. — (1) A municipality may, by by-law, provide that the interest payable on overdue payments shall be at the rate specified in the by-law, which rate shall not exceed the prime rate of the bank that has the highest prime rate on the day the by-law is passed or, alternatively, on such other day within the authorized period as is specified in the by-law, plus V/z per cent per annum. 1981, c. 26, s. 3 (1), amended. (2) A by-law passed in any year under subsection (1) in respect of interest payable on overdue payments, (a) may not be amended so as to specify an interest rate that is higher than the interest rate that was originally specified in the by-law; ib) may provide for interest to be added to overdue pay- ments at the rate set out in the by-law only until the earlier of, (i) the day a by-law in respect of interest payable on overdue payments comes into force in the next following year, or (ii) the 31st day of March in the next following year; and (c) may be made applicable to overdue payments or any class or classes thereof, that are overdue on the day this Act comes into force or that thereafter become over- due. 1981, c. 26, s. 3 (2), amended. (3) Notwithstanding clause (2) (6), a by-law may be passed ^'^em under subsection (1) in December of any year to provide that it shall come into force on a specified day in the next following year prior to the 31st day of March and that the interest rate specified in the by-law shall be added to overdue payments from the day the by-law comes into force in that year until, (a) the day in the year next following that year that a by- law in respect of interest payable on overdue payments comes into force; or ib) the 31st day of March in the year next following that year, whichever is earlier. (4) A by-law authorized by subsection (3) shall not specify a Limitation day that is prior to the 1st day of December for purposes of establishing the maximum interest rate that may be specified in the by-law. New. (5) For the purposes of subsection (1), where a municipality is Monthly authorized by any general or special Act to fix a monthly interest rate rate to be added to overdue payments for each month or fraction of a month during which the payment remains unpaid, the interest rate specified in a by-law passed under subsection (1) shall not exceed one-twelfth of the prime rate percentage on the day the by-law is passed or, alternatively, on such other day within the authorized period as is specified in the by-law plus one-eighth of 1 per cent per month. 1981, c. 26, s. 3 (3), amended. (6) This section does not apply to any penalty for non-pay- Application ment of taxes imposed under subsection 386 (3) or (4) of the Municipal Act. 1981, c. 26, s. 3 (4). J^^^^- ^^^O' 4. — (1) A municipality may, by by-law, provide that the dis- Alternate count rate on payments made to it in advance of their due date rate shall be at such rate as is specified in the by-law, which rate shall not exceed the prime rate of the bank that has the highest prime rate on the day the by-law is passed or, alternatively, on such other day within the authorized period as is specified in the Idem by-law, plus V/z per cent per annum. 1981, c. 26, s. 4 (1), amended. (2) A by-law passed in any year under subsection (1) in respect of discounts allowed on advance payments, (a) may not be amended so as to specify a discount rate that is lower than the discount rate that was originally specified in the by-law; (b) may provide for discounts to be allowed on advance payments at the rate set out in the by-law only until the earher of, (i) the day a by-law in respect of discount rates comes into force in the next following year, or (ii) the 31st day of March in the next following year; and Idem (c) may be made applicable to advance payments or any class or classes thereof, made in respect of payments that become due after the day this Act comes into force whether the advance payment was or is made before or after that day. 1981, c. 26, s. 4 (2), amended. (3) Notwithstanding clause (2) 0), a by-law may be passed under subsection (1) in December of any year to provide that it shall come into force on a specified day in the next following year prior to the 31st day of March and that the discount rate specified in the by-law shall be allowed from the day the by-law comes into force in that year until, (a) the day in the year next following that year that a by- law in respect of discount rates allowable on payments in advance comes into force; or (b) the 31st day of March in the year next following that year, whichever is earlier. Limitation Application R.S.O. 1980, c. 302 (4) A by-law authorized by subsection (3) shall not specify a day that is prior to the 1st day of December for purposes of establishing the maximum discount rate that may be specified in the by-law. New. (5) This section does not apply to discounts or interest allowed for taxes paid in advance under subsection 386 (5) of the Municipal Act. 1981, c. 26, s. 4 (3). 5. — (1) In lieu of imposing a percentage charge as a penalty Application for non-payment of taxes under subsection 386 (3) or (4) of the Municipal Act or allowing a discount or interest for advance R s.o, i98o, payment of taxes under subsection 386 (5) of that Act, a munici- ^ pality may impose penalties and allow discounts or interest in accordance with this section. 1981, c. 26, s. 5 (1). (2) A municipality may, by by-law, impose a percentage Alternate charge as a penalty for non-payment of taxes or any class or non-payment instalment thereof not exceeding one-twelfth of the prime rate ^^ taxes percentage on the day the by-law is passed or, alternatively, on such other day within the authorized period as is specified in the by-law, plus one-eighth of 1 per cent and the by-law shall pro- vide that the percentage charge shall be imposed on the first day of default and on the first day of each calendar month thereafter in which default continues, but not after the end of the year in which the taxes are levied. 1981, c. 26, s. 5 (2). (3) As an alternative to a by-law passed under subsection (2), We"i the municipahty may, by by-law, impose a percentage charge as a penalty for non-payment of taxes or all or any class or instalment thereof not exceeding the prime rate of the bank that has the highest prime rate on the day the by-law is passed or, alterna- tively, on such other day within the authorized period as is specified in the by-law, plus I'/z per cent per annum from the date payment is due until it is made or until the 31st day of December of the year in which the taxes were levied, whichever is earlier. 1981, c. 26, s. 5 (3), amended. (4) The municipality may, by by-law, authorize the treasurer Alternate or collector to receive in any year payments on account of taxes interest on for that year in advance of the day that may be fixed by by-law payment in c , P , advance for the payment of any mstalment of such taxes and, (a) to allow a discount on any taxes so paid in advance at a rate not exceeding the prime rate of the bank having the highest prime rate on the day the by-law is passed or, alternatively, on such other day within the authorized period as is specified in the by-law, plus lYz per cent per annum and may allow interest at a rate not exceeding the aforementioned maximum rate on account of taxes so paid in advance for any portion of the period for which no discount is allowed; or (b) to allow interest on taxes paid in advance of the day fixed by by-law for the payment of any instalment of such taxes at a rate not exceeding the prime rate of the bank having the highest prime rate on the day the by- law is passed or, alternatively, on such other day within Application By-law for next following year the authorized period as is specified in the by-law, plus lYz per cent per annum, notwithstanding that the taxes for such year have not been levied or that the assessment roll on which such taxes are to be fixed and levied has not been revised and certified by the Assessment Review Court when any such advance payment is made. 1981, c. 26, s. 5 (4), amended. (5) Subject to subsections (6) and (7), a by-law passed under this section applies only to taxes levied in the year in which it was passed. 1981, c. 26, s. 5 (5), amended. (6) A by-law may be passed under subsection (2), (3) or (4) in December of any year to provide that it shall come into effect on a specified day in the next following year and that it shall apply to taxes to be levied in the next following year. Idem (7) A by-law authorized by subsection (6) shall not specify a day that is prior to the 1st day of December for purposes of establishing the maximum percentage charge or discount or interest rate that may be imposed or allowed by the by- law. New. Amendments to by-law (8) A by-law passed, (a) under subsection (2) or (3) may not be amended so as to specify a percentage charge that is higher than the per- centage charge originally specified in the by-law; ib) under clause (4) (a) may not be amended so as to specify a discount rate that is lower than the discount rate originally specified in the by-law; and (c) under clause (4) {b) may not be amended so as to specify an interest rate that is lower than the interest rate origi- nally specified in the by-law. 1981, c. 26, s. 5 (7), amended. Publication R.S.O. 1980, c. 302 (9) Where a by-law passed by a municipality under subsection (2), (3) or (4) is amended so as to change the percentage charge or discount or interest rate set out in the by-law, notice of the new charge or rate shall be given by having it published in a news- paper that in the opinion of the clerk has general circulation in the municipality and notice of the new charge or rate shall not be required to be given in accordance with subsection 386 (6) of the Municipal Act and the amending by-law setting out the new percentage charge or discount or interest rate comes into effect on the 1st day of the month next following the month in which notice of the new charge or rate was published, or on such other day following the day the notice was published as may be specified in the amending by-law. (10) Notice of a percentage charge or discount or interest rate, idem whether given under subsection (9) or under subsection 386 (6) of the Municipal Act, may be given at any time on or after the day R so. igso, of the passing of the by-law authorizing the percentage charge or discount or interest rate notwithstanding that the by-law pro- vides that it will not come into force until a date subsequent to its passing. New. (11) Where in any Act there is a reference to subsection 386 References (3), (4) or (5) of the Municipal Act and where a by-law has been Acts passed under this section, the reference to the said subsection (3), (4) or (5) shall be deemed to be a reference to subsection (2), (3) or (4), respectively, of this section. 1981, c. 26, s. 5 (8). 6. — (1) A local municipality may pass by-laws to provide for interest on paying to persons to whom overpayments are refunded under "^'^''p^^'"'^" ^ subsection 36 (6) of the Assessment Act, interest on the overpay- R so. i980, ments at such rate as the council may determine and different rates may be paid for different successive periods from the day the overpayments were made or such other day as may be set out in the by-law until the day they were refuned or such other day as may be set out in the by-law. (2) Any portion of interest paid under subsection (1) that is Chargeback attributable to a portion of an overpayment levied by the local municipality for some other body shall be charged back to that other body and the remaining portion of the interest shall be charged to the general funds of the local municipality. (3) A by-law passed under subsection (1) may be made applic- Retrospective able to overpayments that were made prior to the passing of the by-law. (4) A by-law passed under subsection (1) may be made applic- ^^^"^ able to overpayments made prior to the coming into force of this Act. New. 7. The Municipal Interest and Discount Rates Act, 1981, Repeal being chapter 26, is repealed. 8. This Act comes into force on the day it receives Royal Commence- ■' ■' ment Assent. 9. The short title of this Act is the Municipal Interest and Short title Discount Rates Act, 1982. ta o 1-h H g ffi n' o 2 •5" £L p > '^' Z Ui Z b: W 3 H a H ffi o c v> B' QFQ > U INJ t3 K^ ;5 S i-t^ o, ?X a. t^ T*. >0 >3 o >3 S- R- Si- s' t— » s' C«l 0^ 00 on? > 3 r^ 13 > n a ^ g o >-< c«' rt o < O c on' D rr 50 O) i-t- ^ C/l c > 3^ r-t- "S' ^ I—" \0 00 BILL 91 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to revise the Municipal Interest and Discount Rates Act, 1981 The Hon. C. Bennett Minister of Municipal Affairs and Housing TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 91 1982 An Act to revise the Municipal Interest and Discount Rates Act, 1981 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In this Act, interpre- tation (a) "authorized period" means the fourteen-day period immediately preceding the day the relevant by-law is passed; (b) "bank" means a bank named in Schedule A to the Bank '^^^^l' Act (Canada); (c) "municipality" means a municipality as defined in the Municipal Affairs Act and a metropolitan, regional or R so. i98o, district municipality or the County of Oxford and any local board thereof; id) "overdue payment" includes any payment to be made to a municipality in respect of, (i) overdue taxes owing to the municipality, (ii) overdue amounts owing to the municipality pur- suant to a levy or requisition made by that municipality upon another municipality, (iii) overdue amounts owing to the municipality by another municipality to be applied towards out- standing indebtedness of the municipality, and (iv) overdue amounts owing to the municipality by another municipality for the supply of water or some other service by the first-mentioned municipality to the other municipality; (e) "prime rate" means the lowest rate of interest quoted by a bank to its most credit-worthy borrowers for prime business loans; (/) "prime rate percentage" means the prime rate of the bank that has the highest prime rate on the relevant day expressed as a percentage only, without the addition of the words "per annum". 1981, c. 26, s. 1, amended. Application 2. Sections 3 and 4 apply only where, under any general or special Act, a municipality is authorized or required to charge interest on overdue payments or to allow a discount for payments made in advance of their due date and where a municipality is authorized or required, (a) to charge interest on overdue payments, the municipal- ity may charge interest in accordance with section 3 in lieu of charging interest in accordance with such other Act; and ib) to allow a discount for payments made in advance of the due date, the municipality may allow a discount in accordance with section 4 in lieu of allowing a discount in accordance with such other Act, notwithstanding that the interest charged or the discount allowed is at a rate that is higher or lower than the rate authorized or required to be charged under such other Act. 1981, c. 26, s. 2. Alternate interest rate 3. — (1) A municipality may, by by-law, provide that the interest payable on overdue payments shall be at the rate specified in the by-law, which rate shall not exceed the prime rate of the bank that has the highest prime rate on the day the by-law is passed or, alternatively, on such other day within the authorized period as is specified in the by-law, plus V/z per cent per annum. 1981, c. 26, s. 3 (1), amended. Idem (2) A by-law passed in any year under subsection (1) in respect of interest payable on overdue payments, (a) may not be amended so as to specify an interest rate that is higher than the interest rate that was originally specified in the by-law; (b) may provide for interest to be added to overdue pay- ments at the rate set out in the by-law only until the earlier of, (i) the day a by-law in respect of interest payable on overdue payments comes into force in the next following year, or (ii) the 31st day of March in the next following year; and (c) may be made applicable to overdue payments or any class or classes thereof, that are overdue on the day this Act comes into force or that thereafter become over- due. 1981, c. 26, s. 3 (2), amended. (3) Notwithstanding clause (2) (6), a by-law may be passed ^dem under subsection (1) in December of any year to provide that it shall come into force on a specified day in the next following year prior to the 31st day of March and that the interest rate specified in the by-law shall be added to overdue payments from the day the by-law comes into force in that year until, (a) the day in the year next following that year that a by- law in respect of interest payable on overdue payments comes into force; or {b) the 31st day of March in the year next following that year, whichever is earlier. (4) A by-law authorized by subsection (3) shall not specify a Limitation day that is prior to the 1st day of December for purposes of establishing the maximum interest rate that may be specified in the by-law. New. (5) For the purposes of subsection (1), where a municipality is Monthly authorized by any general or special Act to fix a monthly interest rate rate to be added to overdue payments for each month or fraction of a month during which the payment remains unpaid, the interest rate specified in a by-law passed under subsection (1) shall not exceed one-twelfth of the prime rate percentage on the day the by-law is passed or, alternatively, on such other day within the authorized period as is specified in the by-law plus one-eighth of 1 per cent per month. 1981, c. 26, s. 3 (3), amended. (6) This section does not apply to any penalty for non-pay- Application ment of taxes imposed under subsection 386 (3) or (4) of the Municipal Act. 1981, c. 26, s. 3 (4). R.S.O. 1980, c. 302 4. — (1) A municipality may, by by-law, provide that the dis- Alternate , . . , ^1-1 1 discount count rate on payments made to it m advance of their due date rate shall be at such rate as is specified in the by-law, which rate shall not exceed the prime rate of the bank that has the highest prime rate on the day the by-law is passed or, alternatively, on such other day within the authorized period as is specified in the Idem by-law, plus IY2 per cent per annum. 1981, c. 26, s. 4 (1), amended. (2) A by-law passed in any year under subsection (1) in respect of discounts allowed on advance payments, (a) may not be amended so as to specify a discount rate that is lower than the discount rate that was originally specified in the by-law; ib) may provide for discounts to be allowed on advance payments at the rate set out in the by-law only until the earlier of, (i) the day a by-law in respect of discount rates comes into force in the next following year, or (ii) the 31st day of March in the next following year; and (c) may be made applicable to advance payments or any class or classes thereof, made in respect of payments that become due after the day this Act comes into force whether the advance payment was or is made before or after that day. 1981, c. 26, s. 4 (2), amended. Idem (3) Notwithstanding clause (2) (b), a by-law may be passed under subsection (1) in December of any year to provide that it shall come into force on a specified day in the next following year prior to the 31st day of March and that the discount rate specified in the by-law shall be allowed from the day the by-law comes into force in that year until, (a) the day in the year next following that year that a by- law in respect of discount rates allowable on payments in advance comes into force; or (b) the 31st day of March in the year next following that year, whichever is earlier. Limitation (4) A by-law authorized by subsection (3) shall not specify a day that is prior to the 1st day of December for purposes of establishing the maximum discount rate that may be specified in the by-law. New. Application (5) This section does not apply to discounts or interest allowed for taxes paid in advance under subsection 386 (5) of the R.s.o. 1980, Municipal Act. 1981, c. 26, s. 4 (3). c. 302 ^ ) > V / 5. — (1) In lieu of imposing a percentage charge as a penalty Application for non-payment of taxes under subsection 386 (3) or (4) of the Municipal Act or allowing a discount or interest for advance R so. i98o, payment of taxes under subsection 386 (5) of that Act, a munici- pality may impose penalties and allow discounts or interest in accordance with this section. 1981, c. 26, s. 5 (1). (2) A municipality may, by by-law, impose a percentage Alternate 1 1. r ^ r ^ 1 penalty for charge as a penalty for non-payment of taxes or any class or nonpayment instalment thereof not exceeding one-twelfth of the prime rate °^ '^"^ percentage on the day the by-law is passed or, alternatively, on such other day within the authorized period as is specified in the by-law, plus one-eighth of 1 per cent and the by-law shall pro- vide that the percentage charge shall be imposed on the first day of default and on the first day of each calendar month thereafter in which default continues, but not after the end of the year in which the taxes are levied. 1981, c. 26, s. 5 (2). (3) As an alternative to a by-law passed under subsection (2), Wem the municipality may, by by-law, impose a percentage charge as a penalty for non-payment of taxes or all or any class or instalment thereof not exceeding the prime rate of the bank that has the highest prime rate on the day the by-law is passed or, alterna- tively, on such other day within the authorized period as is specified in the by-law, plus I1/2 per cent per annum from the date payment is due until it is made or until the 31st day of December of the year in which the taxes were levied, whichever is earlier. 1981, c. 26, s. 5 (3), amended. (4) The municipality may, by by-law, authorize the treasurer Alternate or collector to receive in any year payments on account of taxes interest on for that year in advance of the day that may be fixed by by-law P^^^„^"g^ '" for the payment of any instalment of such taxes and, (a) to allow a discount on any taxes so paid in advance at a rate not exceeding the prime rate of the bank having the highest prime rate on the day the by-law is passed or, alternatively, on such other day within the authorized period as is specified in the by-law, plus lYz per cent per annum and may allow interest at a rate not exceeding the aforementioned maximum rate on account of taxes so paid in advance for any portion of the period for which no discount is allowed; or (b) to allow interest on taxes paid in advance of the day fixed by by-law for the payment of any instalment of such taxes at a rate not exceeding the prime rate of the bank having the highest prime rate on the day the by- law is passed or, alternatively, on such other day within the authorized period as is specified in the by-law, plus iy2 per cent per annum, Application By-law for next following year notwithstanding that the taxes for such year have not been levied or that the assessment roll on which such taxes are to be fixed and levied has not been revised and certified by the Assessment Review Court when any such advance payment is made. 1981, c. 26, s. 5 (4), amended. (5) Subject to subsections (6) and (7), a by-law passed under this section applies only to taxes levied in the year in which it was passed. 1981, c. 26, s. 5 (5), amended. (6) A by-law may be passed under subsection (2), (3) or (4) in December of any year to provide that it shall come into effect on a specified day in the next following year and that it shall apply to taxes to be levied in the next following year. Idem (7) A by-law authorized by subsection (6) shall not specify a day that is prior to the 1st day of December for purposes of establishing the maximum percentage charge or discount or interest rate that may be imposed or allowed by the by- law. New. Amendments to bv-law (8) A by-law passed, (a) under subsection (2) or (3) may not be amended so as to specify a percentage charge that is higher than the per- centage charge originally specified in the by-law; (b) under clause (4) (a) may not be amended so as to specify a discount rate that is lower than the discount rate originally specified in the by-law; and (c) under clause (4) (b) may not be amended so as to specify an interest rate that is lower than the interest rate origi- nally specified in the by-law. 1981, c. 26, s. 5 (7), amended. Publication R.S.O. c. 302 1980, (9) Where a by-law passed by a municipality under subsection (2), (3) or (4) is amended so as to change the percentage charge or discount or interest rate set out in the by-law, notice of the new charge or rate shall be given by having it published in a news- paper that in the opinion of the clerk has general circulation in the municipality and notice of the new charge or rate shall not be required to be given in accordance with subsection 386 (6) of the Municipal Act and the amending by-law setting out the new percentage charge or discount or interest rate comes into effect on the 1st day of the month next following the month in which notice of the new charge or rate was published, or on such other day following the day the notice was published as may be specified in the amending by-law. (10) Notice of a percentage charge or discount or interest rate, idem whether given under subsection (9) or under subsection 386 (6) of the Municipal Act, may be given at any time on or after the day R so. i98o, of the passing of the by-law authorizing the percentage charge or discount or interest rate notwithstanding that the by-law pro- vides that it will not come into force until a date subsequent to its passing. New. (11) Where in any Act there is a reference to subsection 386 References (3), (4) or (5) of the Municipal Act and where a by-law has been Acts passed under this section, the reference to the said subsection (3), (4) or (5) shall be deemed to be a reference to subsection (2), (3) or (4), respectively, of this section. 1981, c. 26, s. 5 (8). 6. — (1) A local municipality may pass by-laws to provide for interest on , ^ fill overpavments paymg to persons to whom overpayments are reiunded under subsection 36 (6) of the Assessment Act, interest on the overpay- R so. i980, ments at such rate as the council may determine and different rates may be paid for different successive periods from the day the overpayments were made or such other day as may be set out in the by-law until the day they were refunded or such other day as may be set out in the by-law. (2) Any portion of interest paid under subsection (1) that is Chargeback attributable to a portion of an overpayment levied by the local municipality for some other body shall be charged back to that other body and the remaining portion of the interest shall be charged to the general funds of the local municipality. (3) A by-law passed under subsection (1) may be made applic- Retrospective able to overpayments that were made prior to the passing of the by-law. (4) A by-law passed under subsection (1) may be made applic- ^'^^^ able to overpayments made prior to the coming into force of this Act. New. 7. The Municipal Interest and Discount Rates Act, 1981, ^^peai being chapter 26, is repealed. 8. This Act comes into force on the day it receives Royal Commence- "^ "^ ment Assent. 9. The short title of this Act is the Municipal Interest and Short title Discount Rates Act, 1982. o H g C 3 ffi n' O *5' B- p > l-« Z C/1 Z ja M 3 H Cl. H ffl o c c/>_ 5' orq O < o > a> Uj O cr r^ T3 »-i B cr a. i-< Co tSJ bo O ho G 1—' Cl -r 3 A. en (->■ S" p. 0"? H- » s OTQ h- » o 0^ 1— ' vO 00 o 00 ho 00 hO t/5 > 3 &) > 3 CL l-^ d O i-< wi' n o < o c 3 r-t- 3' 50 fti rti ^ t/5 C > n 3_ n* ^ o 00 BILL 92 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend The District of Parry Sound Local Government Act, 1979 The Hon. C. Bennett Minister of Municipal Affairs and Housing TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note Section 1. For the purposes of the election to be held in 1982 and for elections thereafter, the Township of The Archipelago is divided into the six wards set out in subsection (1) of the new section 12a of the Act. Subsection (2) provides that the council of the Township, commencing December 1st, 1982, shall be composed of a reeve elected by general vote and ten other members elected by wards. Subsection (3) empowers the Municipal Board, on application by the Township or on petition of the electors, to redivide or dissolve the wards and to vary the composition of the council. Subsection (4) authorizes the Minister to require a stay of any proceeding under subsection (3) where an inquiry into the organization and operation of the Township is underway. The proposed new section Ub of the Act permits the establishment of polling places outside the Township either in an adjoining municipality or in the Town of Parry Sound. The proposed new section 12c of the Act postpones, for the year 1982, from the 1st day of April to the 1st day of July, the time within which the clerk is to divide the Township into polling subdivisions and inform the assessment com- missioner. BILL 92 1982 An Act to amend The District of Parry Sound Local Government Act, 1979 H follows: ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as 1. The District of Parry Sound Local Government Act, 1979, being ** ^^a, 126, chapter 61, is amended by adding thereto the following sections: enacted 12a. — (1) For the regular election to be held in 1982 and for Division of all elections thereafter, the Township of The Archipelago, incor- into Wards porated by Minister's Order under section 12, is divided into the following wards: WARD 1— POINTE AU BARIL STATION— which shall com- prise that part of the former Township of Georgian Bay North Archipelago commencing at the intersection of the northerly boundary of the Township of Georgian Bay North Archipelago and the centre line of the road allowance between lots 40 and 41 in Concession XIV of the geographic Township of Harrison; Thence southerly along the centfe line of the said road allowance to the southerly limit of Concession VI; Thence easterly along that southerly limit to the centre line of the road allowance between lots 35 and 36 in the said Township; Thence southerly along the centre line of the said road allowance to Georgian Bay; Thence southeasterly following the middle of the waters east of Barclay Island and north of Ozone Island, Oliver Island and Hearts Content to the centre line of the road allowance between concessions II and III of the Township of Harrison; Thence easterly along the centre line of the said road allowance to the centre line of the Canadian Pacific Railway's right of way; Thence southerly along that centre line of Railway to the north- erly limit of the Shawanaga Indian Reserve No. 17; Thence easterly along the southerly boundary of the Township of Georgian Bay North Archipelago to the easterly boundary of the said Township; Thence northerly along the easterly boundary of the said Township to the northeasterly angle of the said Township; Thence westerly along the northerly boundaries of the said Township to the point of commencement. WARD 2— BAYFIELD-NARES— which shall comprise that part of the former Township of Georgian Bay North Archipelago commencing at the intersection of the northerly boundary of the Township of Georgian Bay North Archipelago and the centre line of the road allowance between lots 40 and 41 in Concession XIV of the geographic Township of Harrison; Thence southerly along the centre line of the said road allowance to the southerly limit of Concession VI of the said Township; Thence westerly along that southerly limit to the high water mark of the Blanc Bay; Thence southwesterly along the northerly high water mark of the Blanc Bay and Georgian Bay to Nares Point; Thence south 69° 08' 20" west to the westerly boundary of the Township of Georgian Bay North Archipelago in the middle of Georgian Bay; Thence northerly along the said westerly boundary to the north- erly boundary of the said Township; Thence easterly along the said northerly boundary to the point of commencement. WARD 3— POINT AU BARIL-SHAWANAGA— which shall comprise that part of the former Township of Georgian Bay North Archipelago commencing at the intersection of the south- erly limit of Concession VI and the centre line of the road allow- ance between lots 35 and 36 in the geographic Township of Harrison; Thence westerly along the southerly limit of the said Concession VI to the high water mark of the Blanc Bay; Thence southwesterly along the northerly high water mark of the Blanc Bay and Georgian Bay to Nares Point; Thence south 69° 08' 20" west to the westerly boundary of the Township of Georgian Bay North Archipelago in the middle of Georgian Bay; Thence southerly along the westerly boundary of the said Township to the southerly boundary of the said Township; Thence easterly along the said southerly boundary being to and along the southerly boundary of the geographic Township of Shawanaga to the easterly boundary of the Township of Geor- gian Bay North Archipelago; Thence northerly along the easterly boundary of the said Township to the southerly boundary of the Shawanaga Indian Reserve No. 17; Thence northerly following the boundaries between the said Township and Indian Reserve No. 17 to the centre line of the Canadian Pacific Railways right of way; Thence northerly along the said Railway right of way to the centre line of the road allowance between concessions II and III of the geographic Township of Harrison; Thence westerly along the centre line of the said road allowance to the high water mark of Georgian Bay; Thence northwesterly following the middle of the waters north of Hearts Content, Oliver Island and Ozone Island and east of Barclay Island to the intersection of the high water mark of Georgian Bay and the centre line of the road allowance between lots 35 and 36 in the said Township of Harrison; Thence northerly along the centre line of the said road allowance to the point of commencement. WARD 4— SANS SOUCI-SOUTH CHANNEL— which shall comprise that part of the former Townshif) of Georgian Bay South Archipelago commencing at boundary intersection of the southerly boundary of the geographic Township of Conger and the southerly prolongation of the westerly limit of Lot 38 in the said Township; Thence northerly to and along the westerly limit of Lot 38 in concessions I, II, III and IV in the Township of Conger to the centre line of the road allowance between concessions IV and V; Thence easterly along the centre line of the said road allowance to the centre line of the road allowance between lots 35 and 36 in the Township of Conger; Thence northerly along the centre line of the said road allowance to the northerly boundary of the Township of Conger; Thence westerly along the northerly boundary of the Township of Conger to the easterly boundary of the geographic Township of Cowper; Thence northerly along the easterly boundary of the Township of Georgian Bay South Archipelago to the northerly boundary of the said Township; Thence westerly along the northerly boundary of the Township of Georgian Bay South Archipelago to the westerly boundary of the said Township in the middle of Georgian Bay; Thence southerly along the westerly boundary of the Township of Georgian Bay South Archipelago to the southerly boundary of the said Township; Thence easterly along the southerly boundary of the Township of Georgian Bay South Archipelago to the point of commencement. WARD S—CRANE-BLACKSTONE— which shall comprise that part of the former Township of Georgian Bay South Archipelago. Beginning at the intersection of the northerly boundary of the geographic Township of Conger and the centre line of the road allowance between lots 35 and 36 in the said Township; Thence southerly along the centre line of the said road allowance to the centre line of the road allowance between concessions VI and VII of the said Township; Thence easterly along the centre line of the said road allowance to the northerly prolongation of the westerly limit of Lot 22 in Concession VI; Thence southerly to and along the westerly limit of Lot 22 to the southerly limit of Concession VI; Thence easterly along the southerly limit of Concession VI to the easterly limit of Lot 10 in the said Concession; Thence northerly along the easterly limit of Lot 10 in concessions VI to XII, both inclusive, to the northerly boundary of the Township of Conger; Thence westerly along the northerly boundary of the said Township to the point of commencement. WARD 6— HEALEY-KAPIKOG— which shall comprise that part of the former Township of Georgian Bay South Archipelago. Beginning at the intersection of the southerly boundary of the geographic Township of Conger and the southerly prolongation of the westerly limit of Lot 38 in Concession 1 of the said Township; Thence northerly to and along the westerly limit of Lot 38 in concessions I, II, III and IV to the centre line of the road allow- ance between concessions IV and V; Thence easterly along the centre line of the said road allowance to the centre line of the road allowance between lots 35 and 36 in the said Township; Thence northerly along the centre line of the said road allowance to the centre line of the road allowance between concessions VI and VII of the said Township; Thence easterly along the centre line of the said road allowance to the northerly prolongation of the westerly limit of Lot 22 in Concession VI; Thence southerly to and along the westerly limit of Lot 22 to the southerly limit of Concession VI; Thence easterly along the southerly limit of Concession VI to the easterly limit of Lot 10 in Concession VI; Thence southerly along the easterly limit of Lot 10 in concessions V and IV to the northerly limit of Concession III; Thence easterly along the northerly limit of Concession III to the easterly limit of Lot 5 in Concession III; Thence southerly along the easterly limit of Lot 5 in concessions III and II to the southerly limit of Concession II of the said Township of Conger; Thence easterly along the southerly limit of Concession II to the northwesterly limit of King's Highway No. 612; Thence southwesterly along the northwesterly limit of the said King's Highway to the southerly limit of the Township of Conger; Thence westerly along the southerly boundary of the Township of Georgian Bay South Archipelago to the point of commence- ment. Composition of council (2) On and after the 1st day of December, 1982, the council of the Township of The Archipelago shall be composed of a reeve, who shall be elected by general vote of the electors of the Township and shall be the head of the council, and ten members as follows: Alteration of wards, etc., by O.M.B. R.S.O. 1980, c. 302 1 . Two members elected from Ward 1 . 2. One member elected from Ward 2. 3. Two members elected from Ward 3. 4. Three members elected from Ward 4. 5. One member elected from Ward 5. 6. One member elected from Ward 6. (3) Upon the application of the Township of The Archipelago authorized by a by-law of the council thereof, or upon the peti- tion of electors in accordance with the provisions of section 13 of the Municipal Act, the Ontario Municipal Board may, by order, (a) divide or redivide the Township into wards, and shall designate the name or number each ward shall bear and shall declare the date when the division or redivision shall take effect; {b) alter or dissolve any or all of the wards in the Township and shall declare the date when such alterations or dis- solutions shall take effect; or (c) vary the composition of the council of the Township, provided that, id) the reeve of the Township shall continue to be elected by a general vote of the electors and shall be the head of the council. Stay of proceedings pending completion of inquiry (4) Where the Minister institutes an inquiry into the structure, organization and methods of operation of the Township, he may give notice to the Ontario Municipal Board of such inquiry and that in his opinion any application or applications and any peti- tion or petitions made under subsection (3) should be deferred until the inquiry has been completed and considered, and there- upon all proceedings in any such application are stayed until he gives notice to the Board that they may be continued. 126. Notwithstanding subsection 46 (2) of the Municipal Establishment Elections Act, the clerk of the Township may, in order to faciH- places '^^ tate voting, direct the establishment of one or more polling places adjoining • • 1- • 1- !• • • 1 rr-i 1 • • 1 ^ municipalities m municipalities directly adjoining the lownship or in the Town r so. i98o, of Parry Sound. c. 308 12c. Notwithstanding section 17 of the Municipal Elections ^°^^J}^. . Act, the clerk of the Township of The Archipelago shall divide the municipality into polling subdivisions and shall, not later than the 1st day of July, 1982, inform the assessment commis- sioner of the boundaries of each subdivision. 2. This Act comes into force on the day it receives Royal Assent. Commence- ment 3. The short title of this Act is the District of Parry Sound Local Short title Government Amendment Act, 1982. ba o H g 2. ffl o' o 2; •5" p^ p > dd i-t' Z t/2 :?; P w 13 H a H K o c lyi 5' Orq 0^ > l\J -a s >-t ei- "-' >i <^ r+ © tr ?:i- ^ 0^ 1— ' o Op p ft) o2> ^ "• > 2 (^ o 3 0 r* |-^ o a ~ pa >^ s T* C/} f^ O BILL 92 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend The District of Parry Sound Local Government Act, 1979 The Hon. C. Bennett Minister of Municipal Affairs and Housing TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 92 1982 An Act to amend The District of Parry Sound Local Government Act, 1979 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The District of Parry Sound Local Government Act, 1979, being ^* ^^a, 12ft, chapter 61, is amended by adding thereto the following sections: enacted 12a. — (1) For the regular election to be held in 1982 and for Division of all elections thereafter, the Township of The Archipelago, incor- into Wards porated by Minister's Order under section 12, is divided into the following wards: WARD 1— POINTE AU BARIL STATION— which shall com- prise that part of the former Township of Georgian Bay North Archipelago commencing at the intersection of the northerly boundary of the Township of Georgian Bay North Archipelago and the centre line of the road allowance between lots 40 and 41 in Concession XIV of the geographic Township of Harrison; Thence southerly along the centfe line of the said road allowance to the southerly limit of Concession VI; Thence easterly along that southerly limit to the centre line of the road allowance between lots 35 and 36 in the said Township; Thence southerly along the centre line of the said road allowance to Georgian Bay; Thence southeasterly following the middle of the waters east of Barclay Island and north of Ozone Island, Oliver Island and Hearts Content to the centre line of the road allowance between concessions II and III of the Township of Harrison; Thence easterly along the centre line of the said road allowance to the centre line of the Canadian Pacific Railway's right of way; Thence southerly along that centre line of Railway to the north- erly limit of the Shawanaga Indian Reserve No. 17; Thence easterly along the southerly boundary of the Township of Georgian Bay North Archipelago to the easterly boundary of the said Township; Thence northerly along the easterly boundary of the said Township to the northeasterly angle of the said Township; Thence westerly along the northerly boundaries of the said Township to the point of commencement. WARD 2— BAYFIELD-NARES— which shall comprise that part of the former Township of Georgian Bay North Archipelago commencing at the intersection of the northerly boundary of the Township of Georgian Bay North Archipelago and the centre line of the road allowance between lots 40 and 41 in Concession XIV of the geographic Township of Harrison; Thence southerly along the centre line of the said road allowance to the southerly limit of Concession VI of the said Township; Thence westerly along that southerly limit to the high water mark of the Blanc Bay; Thence southwesterly along the northerly high water mark of the Blanc Bay and Georgian Bay to Nares Point; Thence south 69° 08' 20" west to the westerly boundary of the Township of Georgian Bay North Archipelago in the middle of Georgian Bay; Thence northerly along the said westerly boundary to the north- erly boundary of the said Township; Thence easterly along the said northerly boundary to the point of commencement. WARD 3— POINT AU BARIL-SHAWANAGA— which shall comprise that part of the former Township of Georgian Bay North Archipelago commencing at the intersection of the south- erly limit of Concession VI and the centre line of the road allow- ance between lots 35 and 36 in the geographic Township of Harrison; Thence westerly along the southerly limit of the said Concession VI to the high water mark of the Blanc Bay; Thence southwesterly along the northerly high water mark of the Blanc Bay and Georgian Bay to Nares Point; Thence south 69° 08' 20" west to the westerly boundary of the Township of Georgian Bay North Archipelago in the middle of Georgian Bay; Thence southerly along the westerly boundary of the said Township to the southerly boundary of the said Township; Thence easterly along the said southerly boundary being to and along the southerly boundary of the geographic Township of Shawanaga to the easterly boundary of the Township of Geor- gian Bay North Archipelago; Thence northerly along the easterly boundary of the said Township to the southerly boundary of the Shawanaga Indian Reserve No. 17; Thence northerly following the boundaries between the said Township and Indian Reserve No. 17 to the centre line of the Canadian Pacific Railways right of way; Thence northerly along the said Railway right of way to the centre line of the road allowance between concessions II and III of the geographic Township of Harrison; Thence westerly along the centre line of the said road allowance to the high water mark of Georgian Bay; Thence northwesterly following the middle of the waters north of Hearts Content, Oliver Island and Ozone Island and east of Barclay Island to the intersection of the high water mark of Georgian Bay and the centre line of the road allowance between lots 35 and 36 in the said Township of Harrison; Thence northerly along the centre line of the said road allowance to the point of commencement. WARD 4— SANS SOUCI-SOUTH CHANNEL— which shall comprise that part of the former Township of Georgian Bay South Archipelago commencing at boundary intersection of the southerly boundary of the geographic Township of Conger and the southerly prolongation of the westerly limit of Lot 38 in the said Township; Thence northerly to and along the westerly limit of Lot 38 in concessions I, II, III and IV in the Township of Conger to the centre line of the road allowance between concessions IV and V; Thence easterly along the centre line of the said road allowance to the centre line of the road allowance between lots 35 and 36 in the Township of Conger; Thence northerly along the centre line of the said road allowance to the northerly boundary of the Township of Conger; Thence westerly along the northerly boundary of the Township of Conger to the easterly boundary of the geographic Township of Cowper; Thence northerly along the easterly boundary of the Township of Georgian Bay South Archipelago to the northerly boundary of the said Township; Thence westerly along the northerly boundary of the Township of Georgian Bay South Archipelago to the westerly boundary of the said Township in the middle of Georgian Bay; Thence southerly along the westerly boundary of the Township of Georgian Bay South Archipelago to the southerly boundary of the said Township; Thence easterly along the southerly boundary of the Township of Georgian Bay South Archipelago to the point of commencement. WARD 5— CRANE-BLACKSTONE— which shall comprise that part of the former Township of Georgian Bay South Archipelago. Beginning at the intersection of the northerly boundary of the geographic Township of Conger and the centre line of the road allowance between lots 35 and 36 in the said Township; Thence southerly along the centre line of the said road allowance to the centre line of the road allowance between concessions VI and VII of the said Township; Thence easterly along the centre line of the said road allowance to the northerly prolongation of the westerly limit of Lot 22 in Concession VI; Thence southerly to and along the westerly limit of Lot 22 to the southerly limit of Concession VI; Thence easterly along the southerly limit of Concession VI to the easterly limit of Lot 10 in the said Concession; Thence northerly along the easterly limit of Lot 10 in concessions VI to XII, both inclusive, to the northerly boundary of the Township of Conger; Thence westerly along the northerly boundary of the said Township to the point of commencement. WARD 6— HEALEY-KAPIKOG— which shall comprise that part of the former Township of Georgian Bay South Archipelago. Beginning at the intersection of the southerly boundary of the geographic Township of Conger and the southerly prolongation of the westerly limit of Lot 38 in Concession 1 of the said Township; Thence northerly to and along the westerly limit of Lot 38 in concessions I, II, III and IV to the centre line of the road allow- ance between concessions IV and V; Thence easterly along the centre line of the said road allowance to the centre line of the road allowance between lots 35 and 36 in the said Township; Thence northerly along the centre line of the said road allowance to the centre line of the road allowance between concessions VI and VII of the said Township; Thence easterly along the centre line of the said road allowance to the northerly prolongation of the westerly limit of Lot 22 in Concession VI; Thence southerly to and along the westerly limit of Lot 22 to the southerly limit of Concession VI; Thence easterly along the southerly limit of Concession VI to the easterly limit of Lot 10 in Concession VI; Thence southerly along the easterly limit of Lot 10 in concessions V and IV to the northerly limit of Concession III; Thence easterly along the northerly limit of Concession III to the easterly limit of Lot 5 in Concession III; Thence southerly along the easterly limit of Lot 5 in concessions III and II to the southerly limit of Concession II of the said Township of Conger; Thence easterly along the southerly limit of Concession II to the northwesterly limit of King's Highway No. 612; Thence southwesterly along the northwesterly limit of the said King's Highway to the southerly limit of the Township of Conger; Thence westerly along the southerly boundary of the Township of Georgian Bay South Archipelago to the point of commence- ment. Composition of council (2) On and after the 1st day of December, 1982, the council of the Township of The Archipelago shall be composed of a reeve, who shall be elected by general vote of the electors of the Township and shall be the head of the council, and ten members as follows: Alteration of wards, etc., by O.MB. R.S.O. c. 302 1980, 1. Two members elected from Ward 1. 2. One member elected from Ward 2. 3. Two members elected from Ward 3. 4. Three members elected from Ward 4. 5. One member elected from Ward 5. 6. One member elected from Ward 6. (3) Upon the application of the Township of The Archipelago authorized by a by-law of the council thereof, or upon the peti- tion of electors in accordance with the provisions of section 13 of the Municipal Act, the Ontario Municipal Board may, by order, (a) divide or redivide the Township into wards, and shall designate the name or number each ward shall bear and shall declare the date when the division or redivision shall take effect; (b) alter or dissolve any or all of the wards in the Township and shall declare the date when such alterations or dis- solutions shall take effect; or (c) vary the composition of the council of the Township, provided that, id) the reeve of the Township shall continue to be elected by a general vote of the electors and shall be the head of the council. Stay of proceedings pending completion of inquiry (4) Where the Minister institutes an inquiry into the structure, organization and methods of operation of the Township, he may give notice to the Ontario Municipal Board of such inquiry and that in his opinion any application or applications and any peti- tion or petitions made under subsection (3) should be deferred until the inquiry has been completed and considered, and there- upon all proceedings in any such application are stayed until he gives notice to the Board that they may be continued. 126. Notwithstanding subsection 46 (2) of the Municipal Establishment Elections Act, the clerk of the Township may, in order to faciH- places in tate voting, direct the estabhshment of one or more polHne places adjoining ... ,. !• • • 1 m 1 • • 1 ^r-. municipalities m municipalities directly adjoining the Township or in the Town r.s.o. iqso, of Parry Sound. '^- ^^^ 12c. Notwithstanding section 17 of the Municipal Elections ^°''i"^. . Act, the clerk of the Township of The Archipelago shall divide the municipality into polling subdivisions and shall, not later than the 1st day of July, 1982, inform the assessment commis- sioner of the boundaries of each subdivision. 2. This Act comes into force on the day it receives Royal Assent. Commence- -^ -^ ment 3. The short title of this Act is the District of Parry Sound Local Short title Government Amendment Act, 1982. o H g c 5. ffi o' o 2: •5' £L p > >-«' Z CAl ^ w w 13 H a H ffl o c C/1 3 OQ 00 Pi- 0^ 00 > s <-t a- '""' >3 c^ f—K a tr a. ■^ 0^ o o SL n O o d > 3 < > o i-i- 3 o <-^ !-+» O 3 TJ &3 r-t- 3 > n ft) 3 O CL c 3 BILL 93 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Public Utilities Act The Hon. C. Bennett Minister of Municipal Affairs and Housing TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes Section 1. Subsection 30 (1) of the Act as it now reads is set out below showing underhned the words to be deleted by the proposed re-enactment: (1) The amount payable to a municipal corporation or to a public utility or hydro-electric commission of a municipality or to Ontario Hydro for a period not exceeding three months by the owner or occupant of iinx laJidsfor the piiFlic utility supplied to him for use thereon is a lien and charge upon the estate or interest in such land of the person by whom the amount is due, and may be collected by distress upon the goods and chattels of the person and by the sale of his estate and interest in the lands and in the case of an amount payable by the owner of lands, the amount is a lien and charge upon the lands in the same manner and to the same extent as municipal taxes upon land. The effect is to exclude Ontario Hydro from the application of the subsection and to remove the three-month limitation period on the amount of arrears that constitutes a lien. Ontario Hydro has a similar lien under section 73 of the Power Corporation Act in respect of amounts owing to it for the supply of power and the reference to it in this section of the Public Utilities Act is accordingly unneces- sary. Section 2. This section of the Bill makes the re-enacted subsection of the Act applicable to all amounts payable on the day the Act comes into force and to all amounts that become payable thereafter. BILL 93 1982 An Act to amend the Public Utilities Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Subsection 30 (1) of the Public Utilities Act, being chapter 423 of f^H^H'. the Revised Statutes of Ontario, 1980, is repealed and the follow- ing substituted therefor: (1) The amount payable to a municipal corporation or to a Amount II- •!• 11 1 • • • r • • 1- 1 payable public utility or hydro-electric commission of a municipality by forms lien the owner or occupant of any lands for the public utility supplied °" ''^"'^ to him for use thereon is a lien and charge upon the estate or interest in such land of the person by whom the amount is due, and may be collected by distress upon the goods and chattels of the person and by the sale of his estate and interest in the lands and in the case of an amount payable by the owner of lands, the amount is a lien and charge upon the lands in the same manner and to the same extent as municipal taxes upon land. 2. Subsection 30 (1) of the Public Utilities Act, as re-enacted by Application section 1 of this Act, applies to all amounts payable on the day this Act comes into force and to all amounts that become payable thereafter to a municipal corporation or to a public utility or hydro-electric commission of a municipality by the owner or occu- pant of any lands for the public utility supplied to him for use thereon. 3. This Act comes into force on the day it receives Royal Assent. Commence- ment 4. The short title of this Act is the Public Utilities Amendment Act, Short title 1982. <2 Co o H g 3 ffi o' o "5" B- p > 1-1 z t/i z w W 3 H a H ffl o c c« 5' QTQ (X5 > tNO XJ Kj, S 2_ o. ?X 1— ' >3 a. 3" 8- I— ' J" (^ 0^5 > 3 3 n 3 c BILL 93 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Public Utilities Act The Hon. C. Bennett Minister of Municipal Affairs and Housing TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 93 1982 An Act to amend the Public Utilities Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Subsection 30 (1) of the Public Utilities Act, being chapter 423 of 'g^°j^\';j the Revised Statutes of Ontario, 1980, is repealed and the follow- ing substituted therefor: (1) The amount payable to a municipal corporation or to a '^'"°""* public utility or hydro-electric commission of a municipality by forms lien the owner or occupant of any lands for the public utility supplied °" '^"'' to him for use thereon is a lien and charge upon the estate or interest in such land of the person by whom the amount is due, and may be collected by distress upon the goods and chattels of the person and by the sale of his estate and interest in the lands and in the case of an amount payable by the owner of lands, the amount is a lien and charge upon the lands in the same manner and to the same extent as municipal taxes upon land. 2. Subsection 30 (1) of the Public Utilities Act, as re-enacted by Application section 1 of this Act, applies to all amounts payable on the day this Act comes into force and to all amounts that become payable thereafter to a municipal corporation or to a public utility or hydro-electric commission of a municipality by the owner or occu- pant of any lands for the public utility supplied to him for use thereon. 3. This Act comes into force on the day it receives Royal Assent. Commence- ment 4. The short title of this Act is the Public Utilities Amendment Act, short title 1982. o H ^ 3 ffi o| O "5' ^ p > S5 >-t "Z C/l z fa w 3 H a H ffi o ff E2 5' OQ o O < u n s tNO 3 cr a cr fD S 1-1 >3 >3 ISJ a 1— • Q 3 fi- a. a s Orc5 t— » 0r<5 ^-A vO \o 00 00 tsj > "O *-l !-<_ c^ 1— ' ^**' to >a O c^ p* Pi- Vxk. i_i S o CKi 00 > 3 3 3 a c cr BILL 94 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to repeal The North Pickering Development Corporation Act, 1974 The Hon. C. Bennett Minister of Municipal Affairs and Housing TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill repeals the Act and dissolves the North Pickering Development Corporation that was established under it. The property, rights and obligations of the dissolved Corporation are vested in the Ontario Land Corporation. BILL 94 1982 An Act to repeal The North Pickering Development Corporation Act, 1974 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. On the day this Act comes into force, the North Pickering North Pickcrins Development Corporation, a corporation established under The Development North Pickering Development Corporation Act, 1974, being chap- ^°'^p°''^^'°" ter 124, is dissolved and all its real and personal property of any its property, kind whatsoever and all its rights and privileges, including all "bUgat^ons rights under any agreement entered into by the North Pickering vested in Development Corporation and all causes of action are on that day corpwation assigned to and vested in the Ontario Land Corporation, and all obligations, liabilities and responsibilities of the North Pickering Development Corporation become on that day obligations, liabilities and responsibilities of the Ontario Land Corporation. 2. The North Pickering Development Corporation Act, 1974, being Act chapter 124, is repealed. repeae 3. This Act comes into force on the day it receives Royal Assent. Commence- ment 4. The short title of this Act is the North Pickering Development 'S'^onmt Corporation Repeal Act, 1982. 3 bo o H g X w c 3 ffi n' o 2; •5' B- p > B. ^' Z C/l 2 &3 w 3 H a H M o c ^. 5* (W (X5 > K> t3 S i-< ?5- ^^ >3 a <-»■ » cr Ci. ^*. ^ >3 (A5 H cr 3 ^> P o > a ?r 2. O re "^ o 3 3 BILL 95 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Legislative Assembly Act Mr. Swart TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the proposed section 1 is to provide that the Legislature sit part of every month during the year instead of the current pohcy whereby it may sit continuously for a four-month period in the spring and two months in the fall and be recessed or adjourned for the rest of the year. The proposed section 2 declares that the designations "Member of the Legislative Assembly" and "M.L.A." are the official designations of persons who are elected to the Legislative Assembly. It provides that only members of the Legislative Assembly are entitled to use either of the official designations in association with themselves while sitting as elected members of the Assembly and during the succeeding election period. The intent is to have the designation conform more closely to designations used in other i)rovinces and to eliminate confusion between the designations M.P.P. and M.P. BILL 95 1982 An Act to amend the Legislative Assembly Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Section 4 of the Legislative Assembly Act, being chapter 235 of the ^ 4, Revised Statutes of Ontario, 1980, is repealed and the following substituted therefor: 4. — (1) There shall be a session of the Legislature once at least Yearly in every year, and not more than one calendar month shall inter- vene between the last sitting of the Legislature in one session and its first sitting in the next. (2) During session, the Legislature shall sit at least once every Monthly , , ,,,, . , sittings month so that one calendar month does not mtervene between one sitting and the next. 2. The said Act is amended by adding thereto the following section: «. na, ■^ f^ <= enacted 17a. — (1) The designations "Member of the Legislative J^fj^^j^ai Assembly" and "M.L.A." shall be the official designations of a of members person who is elected to the Assembly and no person shall use either of the official designations in association with himself or otherwise purport to be a member of the Assembly unless that person is an elected member of the Assembly. (2) Nothing in subsection (1) prohibits a person who is a ^'^^"^ member of the Assembly from using the official designation "Member of the Legislative Assembly" or "M.L.A." during the election period immediately following the dissolution of the Legislature to which the person was elected but that person is not entitled to use either of the official designations after the polling day in the election unless the person has been elected to the succeeding Legislature. 3. This Act comes into force on the day it receives Royal Assent. Commence- -^ -^ ment 4. The short title of this Act is the Legislative Assembly Amendment ^^°'^^ ''"^ Act, 1982. tJO ^ ^ <«. <2 g ^ _w «> w § ^ <3- > > r\j ■o k^ S 2. o. Ci- 1— ' >0 1^ >3 ? OCi vO (»5 r TO, > tfl' 3 ST > <■ '-'■ rD r-^ > in o 05 Vi 3 3 cr CL >< f—f. tr > a> BILL 96 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act respecting Environmental Rights in Ontario Mr. Elston TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to provide for environmental rights in Ontario. The Bill permits an action to be brought in the Supreme Court of Ontario by any person for the protection of the environment. The Bill also provides for public notice and review of certain approvals, permits or other environment-related orders before the approvals, permits or orders come into force. Other provisions of the Bill provide for public access to information relating to environmental decisions and for regular review by the Environmental Assessment Board of all regulations affecting the environment. The Bill also permits the Lieutenant Gov- ernor in Council to establish a fund to assist persons and public interest groups for the purpose of ensuring that points of view representative of significant bodies of opinion are adequately represented in environmental proceedings. BILL 96 1982 An Act respecting Environmental Rights in Ontario HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: PARTI INTERPRETATION AND PURPOSE 1. In this Act, interpre- tation (a) "Board" means the Environmental Assessment Board established under the Environmental Assessment Act; R so. i98o, ' c. 140 (b) "contaminant" means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of them resulting directly or indirectly from the activities of man which may, (i) impair the quality of the environment or the public trust therein for any use that can be made of it, (ii) cause injury or damage to property or to plant or animal life, (iii) cause harm or material discomfort to any per- son, (iv) adversely affect the health or impair the safety of any person, or (v) render any property or plant or animal life unfit for use by man, and "contamination" has a corresponding meaning; (c) "Court" means the Supreme Court of Ontario; (d) "degradation" refers to any destruction or significant decrease in the quality of the environment or the public trust therein other than a change resulting from con- tamination and "degrade" has a corresponding mean- ing; (e) "environment" means, (i) air, land or water, (ii) plant and animal life, including man, (iii) the social, economic and cultural conditions that influence the life of man or a community, (iv) any building, structure, machine or other device or thing made by man, (v) any solid, liquid, gas, odour, heat, sound, vib- ration or radiation resulting directly or indirectly from the activities of man, or (vi) any part or combination of the foregoing and the inter-relationships between any two or more of them, in or of Ontario; (/) "Minister" means the Minister -of the Environment; ig) "public trust" means the collective interest of residents of the Province of Ontario in the quality of the envi- ronment and the protection thereof and the heritage therein for future generations; (h) "regulation" means a regulation made under an Act listed in the Schedule to this Act. Environ- mental rights 2. — (1) The people of Ontario have a right to clean air, pure water and the preservation of the natural, scenic, historic and aesthetic values of the environment. Idem (2) Ontario's public lands, waters and natural resources are the common property of all the people, including generations yet to come, and, as trustee of those lands, waters and resources, the Government of Ontario shall conserve and maintain them for the benefit of present and future generations. (3) It is hereby declared that it is in the pubUc interest to Declaration provide every person with an adequate remedy to protect and conserve the environment and the pubHc trust therein from con- tamination and degradation. 3. — (1) Where a person considers that the environment is Request being contaminated or degraded he may in writing, specifying investigation the nature of the contamination or degradation, request that the Minister investigate the alleged contamination or degradation. (2) Where the Minister receives a written request under sub- Written section (1) and, where he is satisfied that the request is made in "^^^"^^ good faith and is not frivolous, he shall make, or cause to be made, any investigation that he considers necessary of the alleged contamination or degradation, its source, its effect on the environment and of any advisable remedial action. (3) Upon an investigation referred to in subsection (2) being Report completed, the Minister shall provide a copy of the resulting report to the person who requested the investigation. PART II CAUSE OF ACTION 4. — (1) Where an activity has contaminated or degraded or Right of an activity is likely to commence, is commencing or is continuing that threatens to contaminate or degrade the environment, any person may commence an action in the Supreme Court of Ontario, without having to show any greater or different right, harm or interest than that of other members of the public or any pecuniary or proprietary right or interest in the subject-matter of the proceedings, against, (a) any person who is responsible for the activity; and (b) any Minister responsible for regulatory, fiscal or pro- prietary control of the activity. (2) Subsection (1) applies without any requirement that the per- Wem son commencing the action allege or establish that there had been an infringement of an approval, permit, licence, standard, regu- lation, rule or order established by or under an Act listed in the Schedule. (3) In an action commenced under this section, if the activity Court may complained of is not governed by any legally established stan- determine dard, the Court may hear evidence as to the standard, if any, standard that should apply to the defendant, having regard to. Security for costs or damage Notice Limitation on order Onus (a) the right of the people of Ontario to the protection of the environment and the pubUc trust therein against contamination or degradation; (b) the fulfillment of the widest range of beneficial uses of the environment without contamination or degrada- tion; and (c) the achievement of a balance between population and resource use that will permit high standards of living and a wide sharing of life's amenities, and the Court may order the defendant to comply with such standard as it may determine. 5. — (1) At any time prior to a trial of the issue in any action commenced under this Act, any defendant or third party may apply to the Court for an order requiring the person bringing the action to post security for costs or damages. (2) An application under subsection (1) shall be on notice to all parties and the Court may hear argument concerning the appli- cation from any party as to, (a) the seriousness of the offence or harm alleged; (b) the consequences to the defendant of the order sought; or (c) any other matter that the Court considers relevant to the posting of security for costs or damages. (3) Upon the completion of the hearing referred to in subsec- tion (2), if the Court is satisfied that the person bringing the action, (a) has a prima facie case to bring before the Court; and (b) is bringing the action for the protection of the environ- ment or the public trust therein, the Court shall not order the posting of security for costs or damages in an amount in excess of $500. 6. — (1) Where the activity of the defendant that is the sub- ject-matter of an action is not governed by a standard established by or under an Act listed in the Schedule or pursuant to subsec- tion 3 (3) and where the plaintiff has established that the activity of the defendant has contaminated or degraded or is likely to contaminate or degrade the quality of the environment, the onus shall be on the defendant to establish in defence that there is no feasible and prudent alternative to the defendant's activity and that such activity is in the best interests of the public having regard to the matters set out in subsection 4 (3). (2) It shall be a defence to an action commenced under this Defence Act that the activity of the defendant that is the subject-matter of this action is authorized by a standard established by or under an Act listed in the Schedule unless the plaintiff can establish, on a balance of probabilities, that the activity has caused or is likely to cause severe or irreparable contamination or degradation to the environment. (3) It shall not be a defence to an action commenced under this Prohibited » , , 1 . defences Act that, (a) the defendant is not the sole cause of the alleged or potential contamination or degradation; or (b) it cannot be established that the contaminant which the defendant discharged or deposited or permitted to be discharged or deposited was the cause, in fact, of the contamination or degradation of the environment or the public trust therein, where the effect on the environ- ment is of a nature consistent with the contaminant or source of degradation being the total or partial, immediate or mediate cause. 7. In an action commenced under this Act, where it has been injunction, established that the activity of the defendant has contaminated or degraded or is likely to contaminate or degrade the environ- ment, the Court may grant either an interim or permanent injunction, order the defendant to remedy any damage caused by his activity, award damages, impose conditions on the defendant or make such other order as the Court may consider is necessary. 8. — (1) The Court may, Reference (a) on the motion of any party; or (b) on its own motion, refer any question or questions, except the final determination of the issue in question, to the Board as the Court may consider appropriate and the proceedings before the Board shall be con- ducted in accordance with and subject to the provisions of the Statutory Powers Procedure Act and when so referring, the R so. i980, Court may also grant an interim injunction or such other tem- porary relief as the Court considers necessary for the protection of the environment or the public trust therein pending final determination of the issue and, in so referring, the Court shall retain jurisdiction of the action. Order (2) When the Board has completed its review and considera- tion of the question referred to it under subsection (1), the Board shall make recommendations concerning the matter in question to the Court, and the Court shall review the recommendations and make such order as it considers appropriate under section 7. Inspector 9. — (1) In any action under this Act, the Court may appoint an inspector, who shall be a disinterested person and qualified as an expert in the relevant field, to take technical and scientific testimony under oath and make a record thereof and the inspec- tor shall report his findings and his opinion thereon to the Court without prejudice to the right of any party to examine the inspector or any person who has given testimony to him. Costs (2) The Court may order that the costs of the inspector be paid in such manner and by such persons as the Court considers appropriate. PART III PARTIES, INTERVENORS Amicus Curiae, class actions Parties, etc. 10. Whenever a proceeding before any board, tribunal, commission or court, or any appeal or review thereof, is authorized under the provisions of this Act or an Act listed in the Schedule, the board, tribunal, commission or court may permit any person to join as a party, intervenor or amicus curiae to the proceeding, appeal or review as the board, tribunal, commission or court may consider appropriate having regard to the purpose of this Act. Class actions 1 1 . — (1) In an action under this Act the Court may, by order, permit one or more persons to act as representatives of a class of persons where, in the opinion of the Court, (a) the claims of the representative party are typical of the claims of the class; (b) the questions of law or fact common to the members of the class predominate over any questions affecting only individual members; (c) a class action is superior to other available methods for the fair and efficient adjudication of the controversy; and (d) the representative party is acting in good faith and it is prima facie in the interests of the class that the action be maintained as a class action. (2) The Court may provide in the judgment of a class action Judgment for subsequent determination of the amount and distribution of damages assessed against the defendant. PART IV INSTRUMENTS AND REGULATIONS 12. (1) In this section, interpre- tation (a) "appropriate board" means any board, tribunal or commission established by an Act listed in the Schedule empowered to hold hearings with respect to a matter relating to such Act, and where no such board exists, the Board; (b) "instrument" means any licence, permit, approval, certificate of approval, program approval, control order or other order made under an Act listed in the Schedule that would permit a person to contaminate or degrade the environment in contravention of any such Act or the regulations made thereunder; (c) "proper authority" means any authority designated by an Act listed in the Schedule empowered to issue any instrument pursuant to any such Act. (2) Notwithstanding any other Act, no instrument shall have Notice of force and effect unless the proper authority has given notice of mstrument the proposed provisions of the instrument by publication in The Ontario Gazette and in two newspapers circulating throughout the Province of Ontario and that is in accordance with the other provisions of this section. (3) Any person may, within thirty days of the giving of notice Sub- or within such longer time as may be stated in the notice, (a) make written submissions to the proper authority with respect to the proposed provisions of the instrument; and (b) by written notice to the proper authority request a hearing by the appropriate board with respect to the proposed provisions of the instrument. (4) Where the proper authority has received notice of a request idem for a hearing, it shall refer the matter to the appropriate board unless, in the opinion of the authority, the request is not made in good faith or is frivolous or is made only for the purpose of delay. 8 Idem Where instrument may be issued Review of instrument (5) Where the proper authority has declined to refer the matter to the appropriate board under subsection (4), the proper authority shall give notice for a hearing under subsection (3), together with written reasons therefor. (6) Where there is no notice of a request for a hearing under subsection (3), or where the proper authority has declined to refer the matter to the appropriate board under subsection (4), the proper authority may issue the proposed instrument, (a) where there is no notice of a request for a hearing, not less than ten days after the time for filing such notice has elapsed; (b) where the proper authority has declined to refer the matter to the relevant board, not less than twenty days after the time for filing such notice has elapsed. (7) Any person may make an application to the Board requesting the Board to review any existing instrument having regard to the adequacy of the instrument to protect the environ- ment and the public trust therein from contamination or degra- dation, especially in the light of technological advances that can be applied in the Province of Ontario and the Board shall hear the application where a. prima facie case has been made that the instrument should be amended or revoked. Preliminary hearing Notice (8) The Board shall hold a preliminary hearing to determine whether a prima facie case has been made in an application under subsection (7) unless the Board is of the opinion that the application is not made in good faith or is frivolous. (9) Where the Board decides not to hold a preliminary hearing under subsection (8), or where the Board decides that a prima facie case has not been made under subsection (7), the board shall give notice of its decision to the person making the applica- tion, together with written reasons therefor. Notice of hearing (10) Where the appropriate board holds a hearing under sub- section (4) or subsection (7), the appropriate board shall, (a) appoint a time and place for the hearing at a city or town convenient to persons likely to be affected by the contamination or degradation; (b) cause notice to be given of the hearing, (i) to the proper authority, (ii) to any person who submitted notice to the pro- per authority under subsection (3), (iii) to any person who submitted notice to the Board under subsection (7), (iv) to any person as the appropriate board may direct, and (v) to the pubUc, by pubUcation in The Ontario Gazette and in two newspapers circulating throughout the Province of Ontario. (11) Any hearing initiated under the provisions of this section Procedure shall be conducted according to the rules and procedures that apply to the appropriate board, including the rules and proce- dures established by this Act. (12) Upon the completion of the hearing, the appropriate Recom- board may make such recommendations, order or decision in etc. respect of the matter referred to it under this section as the board is empowered to make pursuant to its enabling Act. (13) The proper authority may, in an emergency situation. Emergencies issue an instrument that it is empowered to issue pursuant to an Act listed in the Schedule without complying with the other pro- visions of this section but, where the authority issues an instru- ment in an emergency situation, the authority shall take steps to comply with the provisions of this section within sixty days of the date on which the instrument was issued. 13. — (1) In 1983 and every fifth year thereafter, the Board Review of 1 11 • 11 1 • 1 1 1 1- <• 1 • regulations shall review all regulations that relate to the quality oi the envi- ronment having regard to their adequacy to protect the envi- ronment and the public trust therein from contamination and degradation, especially in the light of technological advances that can be applied in the Province of Ontario. (2) The Board shall give public notice of the review and, dur- Public . , . . ^ , ,. 1 . . 1 . 1 , notice ing the review, may receive public submissions and evidence to the extent and in the manner that it considers appropriate. (3) Upon completion of the review, the Board shall make a Report report thereon to the designated Minister, including in the report any recommended changes to the regulations, and the designated Minister, after receiving the report shall then lay the report before the Assembly if it is in session, or if not, at the com- mencement of the next ensuing session. 14.— (1) In this section, Notice of proposed regulation {a) "regulation-make authority" means any authority designated by an Act listed in the Schedule empowered to make any regulation under any such Act. 10 Publication (2) Where a regulation-making authority proposes to make a regulation, it shall cause the proposed regulation to be published in The Ontario Gazette at least sixty days before it proposes to file the regulation with the Registrar of Regulations and request briefs or submissions in relation to the proposed regulation. Effect of contravention (3) A regulation filed in contravention of subsection (2) does not come into effect. PARTY ACCESS TO INFORMATION Interpre- tation 15. — (1) In this section, "designated Minister" means any minister designated by an Act listed in the Schedule to administer and enforce the provisions of any such Act. Right to information (2) Every person has the right to obtain from any designated Minister any available information concerning the quantity, quality or concentration of contaminants emitted, issued, dis- charged or deposited by any source of contamination or degra- dation. Right to examine (3) The designated Minister shall permit any person who applies therefor to examine any licence, permit, approval, cer- tificate of approval, provisional certificate of approval, control order or other order, notice of intention to issue a control order, program approval, provisional certificate of approval, notice of violation of an Act listed in the Schedule, and any information in support of any such document, and, on payment of a fee not to exceed ten cents per page, the person shall be provided with a copy thereof. ^^^^ (4) The designated Minister shall permit any person who applies therefor to examine any report on any test, observation, inspection or analysis carried out by or under his authority relating to any operation subject to an Act listed in the Schedule under his jurisdiction, and, on payment of a fee not to exceed ten cents per page, the person shall be provided with a copy thereof. Where disclosure may be reduced (5) Notwithstanding subsections (3) and (4), the designated Minister may refuse an application made under subsections (3) and (4) where, in his opinion, the information sought to be dis- closed contains, (a) information the disclosure of which would be injurious to law enforcement or the conduct of lawful investi- gations, including investigative techniques or plans for specific lawful investigations; 11 (b) information containing personal information respecting an identifiable individual including, without restricting the generality of the foregoing, (i) vital statistics, (ii) background personal information, (iii) medical, criminal, educational or employment records or history, (iv) the personal opinions or views of the individual, unless those opinions or views are given in the course of employment in the public service of the Government of Ontario; (c) information of a financial, commercial, scientific or technical sort, (i) the disclosure of which could reasonably be expected to prejudice significantly the competi- tive position, or interfere significantly with con- tractual or other negotiations, of a person, group of persons, organization or government institu- tion, or (ii) the disclosure of which could reasonably be expected to result in undue financial loss or gain by a person, group of persons, organization or government institution, and which, without restricting the generality of the foregoing, includes confidential technology, trade sec- rets, marketing information, customer lists, advertising budgets and funding sources; or (d) records of proposals and recommendations to and deliberations and proceedings of the Executive Council or any committee thereof. (6) Where the designated Minister, under subsection (5), refuses Notice an application for disclosure of information, he shall, within twenty days, so inform the applicant, together with written reasons thereof, and he shall inform the applicant of his right of appeal to the Board. (7) Any applicant may, within fifteen days of receipt of a Hearing notice under subsection (6), by written notice served upon the designated Minister and the Board, require a hearing before the Board. 12 Idem (8) In a hearing under subsection (7), the Board shall take every precaution, including, when appropriate, receiving representa- tions ex parte and conducting hearings in camera, to avoid dis- closure by the Board or any other person of any information the disclosure of which may be refused under this section. Onus (9) In a hearing under subsection (7), the onus of establishing that access to the information may be refused shall be on the designated Minister concerned. Order Appeal (10) At the conclusion of the hearing, the Board may make such order as it considers appropriate, having regard to the pro- visions of this section, and without restricting the generality of the foregoing, may, (a) order the disclosure of all or part of the information sought to be disclosed; or (b) where the Board has determined that the information should not be disclosed, order that a non-confidential summary of all or any part of the information be pre- pared. (11) An appeal lies to the Divisional Court of Ontario from a decision of the Board on a point of law or jurisdiction. PART VI PUBLIC INTEREST FUNDING Interpre- tation 16. — (1) In this section, (a) "Fund" means the Environmental Hearing Assistance Fund. Fund Idem (2) The Lieutenant Governor in Council may establish a fund to be known as the Environmental Hearing Assistance Fund. (3) Where a Fund has been estabhshed under subsection (2), the moneys required for the purposes of the Fund shall be paid out of the Consolidated Revenue Fund in the fiscal year during which it is established and thereafter shall be paid out of the moneys appropriated therefor by the Legislature. Financial assistance (4) Subject to subsection (5), whenever a proceeding before any board, tribunal, commission or court, or any appeal or review thereof, is authorized under the provisions of this Act or an Act listed in the Schedule, any party or intervenor who engages in proceedings for the purpose of protecting and conserving the environment may, at any time, make an application for financial assistance to the Board. 13 (5) A person may apply under subsection (4) only where that ^^em person, (a) represents an interest representative of significant bodies of opinions that would otherwise not be rep- resented at the proceedings; and (b) does not have sufficient financial resources to enable him to adequately represent that interest. (6) Where a Fund is available and the Board is satisfied finan- Wem cial assistance is appropriate, the Board may order that a sum be paid to the applicant therefor from the Fund in such manner, at such times and in such amount as the Board considers appro- priate. (7) No person is precluded from applying under subsection (4) ^^^'^ by reason only that he has previously received financial assist- ance under subsection (6). (8) Where it appears to the Board that several parties or inter- Consolidating venors having identical or substantially similar interests have '^'^^ '*^^ '""^ applied for financial assistance from the Board, the Board may consolidate the applications and make such order concerning payment as it considers appropriate. (9) In considering the sum to be awarded to any applicant, the Matters Board shall have regard to all the attendant costs associated with considered participating in the proceedings, including, (a) legal fees; (b) disbursements; (c) conduct money; (d) witness fees; (e) fees for relevant reports and studies; and (/) any other cost that is relevant and appropriate to par- ticipation in the proceedings. PART VII EMPLOYEE RIGHTS 17. — (1) No employer shall. No discipline, dismissal, etc., (a) dismiss or threaten to dismiss an employee; ^^ employer Penalty for offence Offence 14 (b) discipline or suspend an employee; (c) impose any penalty upon an employee; or (d) intimidate or coerce an employee, because the employee has reported or proposes to report to the appropriate authority an act that contaminates or degrades the environment. (2) Where an employer is convicted of an offence under sub- section (1), the provincial judge making the conviction shall, in addition to the penalty, order what action the employer shall take or what the employer shall refrain from doing and such order may include the reinstatement in employment of the employee with compensation for loss of wages and other benefits to be assessed against the employer. (3) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both. PART VIII MISCELLANEOUS Common Law remedies preserved 18. Nothing herein contained shall be construed so as to repeal, remove or reduce any existing remedy available at law to any person. Conflict 19. Where a conflict appears between any other Act, R.s.o. 1980, including the Environmental Protection Act, the provision of this C. 141 ..,,,., ' r- Crown Act shall prevail. 20. This Act binds the Crown. Commence- ment 21. This Act comes into force on the day it receives Royal Assent. Short title 33. The short title of this Act is the Ontario Environmental Rights Act, 1982. IS SCHEDULE Conservation Authorities Act Drainage Act Environmental Assessment Act Environmental Protection Act Mining Act Niagara Escarpment Planning and Development Act Ontario Water Resources Act Pesticides Act Pits and Quarries Control Act Planning Act Consolidated Hearings Act, 1981 Ontario Waste Management Corporation Act, 1981 -1 r H O 2: a. 0^ > Kj TJ s >-<_ Ci- ^^ >3 hJ 0 en G p a- v^* s I— ' 0^5 0 >3 < S > I-—' <-^ »;? 5^ ft) 5" »■ "^ TO o 3 BILL 97 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to ensure the Regeneration and Reforestation of Forests in Ontario Mr. Foulds TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to require the Ministry of Natural Resources to prepare a forest resource analysis and forest resource program at regular intervals to assist in ensuring the wise management of forest resources in Ontario. The Bill also makes it a duty of the Minister to ensure that the forest resources of Ontario are managed on a sustained yield basis. BILL 97 1982 An Act to ensure the Regeneration and Reforestation of Forests in Ontario HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In this Act, J"'.'='"P''^- ' tation (a) "Minister" means the Minister of Natural Resources; (b) "Ministry" means the Ministry of Natural Resources; (c) "sustained yield" means the growth of timber that a forest can produce and that can be cut to achieve a continuous approximate balance between growth of timber and timber cut. 2. It is the duty of the Minister to ensure that the forest ti"ty resources of Ontario are managed on a sustained yield basis. 3.— (1) Not later than the 31st day of October, 1982, the ^o/est Minister shall prepare and submit to the Lieutenant Governor in analysis Council a forest resource analysis containing, (a) a description of the inventory of the forest resources in Ontario; (b) a description of the location and extent of areas of forest land in Ontario that, (i) have been denuded of timber through harvesting or otherwise and have not been restocked with commercially valuable species of timber, or (ii) are producing timber at a rate that is substan- tially lower than their potential; (c) a description of the programs of the Ministry respecting public and private forest management, protection, con- servation, investment and research; (d) an analysis of trends in and a forecast of, (i) domestic and international demand for and uses of the forest resources in Ontario and products manufactured therefrom, and (ii) the supply of the forest resources in Ontario and products manufactured therefrom in relation to the supply from areas outside Ontario; and (e) a summary of developments in and questions of public policy that are expected to influence significantly and to affect the use, ownership, licensing and management of forest resources. Subsequent (2) An analysis referred to in subsection (1) shall be prepared and submitted to the Lieutenant Governor in Council at least once in every ten year period following the date that the initial analysis is prepared and submitted. Forest 4. — (1) Not later than the 31st day of October, 1982, the resource program Minister shall prepare and submit to the Lieutenant Governor in Council a forest resource program containing, (a) a presentation of the alternatives available for re-stock- ing forest land, for increasing the productivity of forest land, and for otherwise improving forest resources in Ontario, identifying, (i) the estimated capital and current expenditures associated with each alternative, (ii) the estimated effect of each alternative on the productivity of the resources, (iii) the estimated direct and indirect economic and social benefits and costs associated with each alternative, and (iv) an assessment of the priorities that should be given to each alternative; and (b) a program recommended to be implemented by the Ministry during the five year period beginning on the 1st day of April, 1983, for re-stocking forest land, for increasing the productivity of forest land, and for other- wise improving forest resources in Ontario, including, (i) a schedule for implementing the program, (ii) the method to be used and priorities adopted for implementing the program, and (iii) the respective roles to be played by the Crown and the private sector in implementing the pro- gram. (2) A program referred to in subsection (1) shall be prepared and Subsequent submitted to the Lieutenant Governor in Council at least once in '^'^°^'^'^'"* every five year period following the date that the initial program is prepared and submitted. 5. When the Minister submits a forest resource analysis and Tabling forest resource program to the Lieutenant Governor in Council, '" ^^^'^ ^ the Minister shall lay a copy of the analysis or program before the Assembly if it is in session or, if not, at the commencement of the next ensuing session. 6. — (1) The Minister shall submit to the Lieutenant Governor Annual report in Council an annual report concerning the work performed by the Ministry in respect of the forest resource analysis and forest resource program referred to in sections 2 and 3 and the Minister shall then lay a copy of the report before the Assembly if it is in session or, if not, at the commencement of the next ensuing session. (2) The annual report shall include, idem (a) a review of the forest resource program then in effect, a statement of the expenditures incurred to implement it, an assessment of the effect it has had on the productivity of forest resources in the Province and an analysis of the direct and indirect economic and social benefits and costs associated with its implementation; and (b) a summary of forest land in the Province, showing areas denuded of forest during the year, areas re-stocked dur- ing the year and areas the productivity of which has been improved during the year. 7. This Act comes into force on the day it receives Royal Commence- Assent. '"^" 8. The short title of this Act is the Forest Resource Manage- Short title ment Act, 1982. ^ ^ ^**. C2 a w ^ i:?- o Cti f X 0 Co C/3 bo 1X5 t\J fe k-^ s ft3 Co R- v: >3 >3 a s' o S 0^ 00 0^5 &3 3 a > W 3 > o o >-< '"♦' a> f^ ly) o 05 n> CT. 3 o C/l 3 C •-< O m •-h r-f- O 3- Jd t/) ro C/! (jq CD (— 1> 3 3 re O 3 ■-1 o" S" 3 BILL 98 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to provide for Freedom of Information and Protection of Individual Privacy Mr. Breithaupt TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill provides a broad and comprehensive scheme for public access to, and protection of individual privacy with respect to, information held by gov- ernment. BILL 98 1982 An Act to provide for Freedom of Information and Protection of Individual Privacy WHEREAS the people of Ontario believe in the dignity, Preamble worth, and equality of opportunity of every person and believe that equality is the foundation upon which free, demo- cratic government is based; and whereas the people of Ontario are committed to the highest principles of free, democratic govern- ment; and whereas it is recognized that reasonable openness in government and the protection of the public from unwarranted secrecy and unwarranted invasion of personal privacy promote the principles of free, democratic government; Therefore, Her Majesty, by and with the advice and consent Purposes of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The purposes of this Act are, (a) to provide a right of access to information under the control of an institution in accordance with the prin- ciples that, (i) government information should be available to the public, (ii) necessary exceptions to the right of access should be limited and specific, and (iii) decisions on the disclosure of government information should be reviewed independently of government; and (b) to protect the privacy of individuals with respect to personal information about themselves held by an institution and to provide individuals with a right of access to such information. 2. In this Act, I"tr" tation (a) "data bank" means a collection of personal information which is organized and capable of being retrieved; ib) "Data Protection Authority" means the body estab- lished under subsection 39 (1); (c) "data subject" means a person about whom informa- tion is gathered and stored; id) "Director of Fair Information Practices" and "Director" mean the Director appointed under subsection 20 (1); ie) "Fair Information Practices Tribunal" and "Tribunal" mean the tribunal established under subsection 21 (1); (/) "head", in respect of an institution, means a person charged with record keeping responsibilities for the institution who has been designated as such by order of the responsible minister; (g) "institution" means a department, agency, division, board, commission, corporation or other body, (i) that is financed exclusively from the Consoli- dated Revenue Fund, (ii) at least 50 per cent of the shares of which are owned by the Crown in right of Ontario, or (iii) where the Government of Ontario has the power to appoint a majority of the governing body of the institution; (h) "personal information" means recorded information about an identifiable individual, including, (i) information relating to the race, national or ethnic origin, colour, religion, age, sex or mari- tal status of the individual, (ii) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved, (iii) any identifying number, symbol or other par- ticular assigned to the individual, (iv) the address, fingerprints or blood type of the individual, (v) the personal opinions or views of the individual except where they relate to another individual. (vi) correspondence sent to an institution by the individual that is impHcitly or explicitly of a private or confidential nature, and replies to the correspondence that would reveal the contents of the original correspondence, (vii) the views or opinions of another individual about the individual, and (viii) the individual's name where it appears with other personal information relating to the indi- vidual or where the disclosure of the name would reveal other personal information about the individual; (i) "record" means any record of information however recorded, whether in printed form, on film, by elec- tronic means or otherwise, and includes, (i) correspondence, a memorandum, a book, a plan, a map, a drawing, a diagram, a pictorial or graphic work, a photograph, a film, a micro- form, a sound recording, a videotape, a machine readable record, any other documentary materi- al, regardless of physical form or characteristics, and any copy thereof, and (ii) subject to the regulations, any record that does not exist but is capable of being produced from a machine readable record under the control of an institution by means of computer hardware and software or any other information storage equipment and technical expertise normally used by the institution; and (j) "responsible minister" means the minister of the Crown who is designated by order of the Lieutenant Governor in Council under section 45. PART I FREEDOM OF INFORMATION 3. Every person has a right of access to a record under the ^'ght of , - . . . access control of an mstitution. 4. — (1) A person seeking access to a record shall make a Request request therefor in writing to the institution that has control of the record and shall provide sufficient detail to enable an experi- enced employee of the institution, upon a reasonable effort, to identify the record. Sufficiency of detail Notice by head (2) If the request does not sufficiently describe the record sought, the institution shall inform the applicant of the defect and shall offer assistance in reformulating the request so as to comply with subsection (1). 5. Where a person requests access to a record, the head of the institution to which the request is made shall, subject to section 7, within thirty days after the request is received, (a) give written notice to the person who made the request as to whether or not access to the record or a part thereof will be given; and (b) if access is to be given, give the person who made the request access to the record or part thereof. Transfer of request 6. — (1) Where an institution receives a request for access to a record and the head considers that another institution has a greater interest in the record, the head may, subject to the regulations, transfer the request and, if necessary, the record to the other institution, within fifteen days after the request is received, in which case the head transferring the request shall given written notice of the transfer to the person who made the request. When transferred request deemed made (2) For the purposes of this section, where a request is trans- ferred under subsection (1), the request shall be deemed to have been made to the institution to which it is transferred on the day the institution to which the request was originally made received it. Greater interest (3) For the purpose of subsection (1), an institution has a greater interest in a record than another institution if. (a) the record was originally produced in or for such institution; or {b) in the case of a record not originally produced in or for an institution, such institution was the first institution to receive the record or a copy thereof. Extension of time 7. — (1) A head may extend the time Hmit set out in section 5 or subsection 6 (1) for a period of time that is reasonable in the circumstances, where, {a) the request is for a large number of records or necessi- tates a search through a large number of records and meeting the time limit set out in section 5 or subsection 6 (1) would unreasonably interfere with the operations of the institution; or ib) consultations that cannot reasonably be completed within the time limit set out in section 5 or subsection 6 (1) are necessary to comply with the request. (2) Where a head extends the time limit under subsection (1), Notice of the head shall give the person who made the request written notice of the extension setting out, (a) the length of the extension; (b) the reason for the extension; and (c) that the person who made the request may ask the Director to review the extension. 8. — (1) Where a head refuses to give access to a record or a Contents • 1 - • .of notice of part thereof, the head shall state m the notice given under section refusal 5, (a) where the record does not exist, that it does not exist; or 0) where the record exists, (i) the specific provision of this Act under which access is refused, (ii) an explanation of the basis for the conclusion that the provision named in subclause (i) applies to the record, (iii) the name and office of the person responsible for making the decision to refuse access, and (iv) that the person who made the request may ask the Director to review the decision. (2) Where a head fails to comply with section 5 or 7, the head Deemed is, for the purposes of this Act, deemed to have refused to give access to the record. 9. — (1) The head of an institution to which a request is made Reasonable under subsection 4 (1) may require the person who made the request to pay a fee covering the institution's costs of searching, reproduction and shipping if it is reasonable in all the cir- cumstances to do so. (2) A person who is required to pay a fee under subsection (1) Review may ask the Director to review the head's decision to charge a fee. Copy of record 10. — (1) Subject to subsection (2), a person who is given access to a record or a part thereof under this Act shall be given a copy thereof unless it would not be reasonably practicable to reproduce the record or part thereof by reason of its length or nature, in which case the person shall be given an opportunity to examine the record or part thereof in accordance with the regu- lations. Access to original record Exemption re Cabinet records (2) A head has discretion to allow the person who is given access to the record to examine it or a part thereof in accordance with the regulations. 1 1 . — (1) A head may refuse to disclose a record whose disclo- sure would reveal the substance of deliberations of the Executive Council, including, (a) an agenda, minute or other record of the deliberations or decisions of the Executive Council or its committees; (b) a record containing proposals or recommendations submitted, or prepared for submission, by a minister of the Crown to the Executive Council; (c) a record containing background explanations, analyses of problems or policy options submitted or prepared for submission by a minister of the Crown to the Executive Council for its consideration in making decisions, before such decisions are made; (d) a record used for or reflecting consultation among ministers of the Crown on matters relating to the mak- ing of government decisions or the formulation of gov- ernment policy; Exemption re advice to government (e) a record containing briefings to ministers of the Crown in relation to matters that are before or are proposed to be brought before the Executive Council, or are the subject of consultations among ministers relating to government decisions or the formulation of government policy; and (/) draft legislation. (2) A head may refuse to disclose a record containing advice or recommendations of public servants and consultants retained by an institution, unless it is, (a) a record which contains mainly factual material; (b) a statistical survey; (c) a report by a valuator, whether or not the valuator is an officer of the institution; id) an environmental impact statement or similar record prepared by an institution charged with the responsi- bility of monitoring environmental quality; ie) a report of a test carried out on a product for the pur- pose of government equipment testing or a consumer test report; (/) a report or study on the performance or efficiency of an institution, whether the report or study is of a general nature or is in respect of a particular program or policy; (g) a feasibility study or other technical study, including a cost estimate, relating to a proposed government policy or project; ih) a report containing the results of field research under- taken before the formulation of a policy proposal; (i) a final plan or proposal for the reorganization of the function of an institution, or for the establishment of a new program, including a budgetary estimate for the program, whether or not the plan or proposal is subject to approval; ij) a report of an inter-departmental committee task force or similar body, or of a committee or task force within an institution, which has been established for the pur- pose of preparing a report on a particular topic; (k) a report of a committee, council or other body which is attached to an institution and which has been estab- lished for the purpose of undertaking inquiries and making reports or recommendations to the institution; (/) a final proposal for the preparation of subordinate legislation; (m) a document to which clause 16 (1) (a) or {b) applies; or (n) a final decision, order or ruling of an officer of the institution made during or at the conclusion of the exer- cise of discretionary power conferred by or under an enactment or scheme administered by the institution, whether or not the enactment or scheme allows an appeal to be taken against the decision, order or ruling. and any reason explaining the decision, order or ruling, whether or not the reason, (i) is contained in an internal memorandum of the institution or in a letter addressed by an officer or employee of the institution to a named per- son, or (ii) was given by the officer who made the decision, order or ruling or was incorporated by reference into the decision, order or ruling. Exemption (3) A head may refuse to disclose a record whose disclosure enforcement could reasonably be expected to, (a) interfere with a law enforcement proceeding; (b) interfere with an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result; (c) reveal investigative techniques and procedures cur- rently in use or likely to be used; id) disclose the identity of a confidential source of infor- mation, or disclose information furnished only by the confidential source; (e) endanger the life or physical safety of a law enforce- ment officer; (/) deprive a person of the right to a fair trial or impartial adjudication; (g) interfere with the gathering of intelligence information respecting organizations or persons; (h) reveal a record which has been confiscated from a per- son by a peace officer in accordance with an Act or regulation; (i) endanger the security of a building or the security of a vehicle carrying items, or of a system or procedure established for the protection of items, for which pro- tection is reasonably required; (J) facilitate the escape from custody of a person who is under lawful detention; (k) jeopardize the security of a centre for lawful detention; or (/) promote the commission of offences or hamper the control of crime. (4) Subsection (3) does not apply to a record, Exceptions (a) revealing that the scope of any law enforcement inves- tigation has exceeded the limits imposed by law; (b) revealing the use of illegal law enforcement techniques or procedures; (c) containing any general outline of the structure and pro- grams of a law enforcement agency; id) that is a report on the degree of success achieved in a law enforcement program or programs, including statistical analysis; (e) that is a report prepared in the course of routine law enforcement, inspections or investigations by an agency which has the function of enforcing and regulating compliance with a law other than the criminal law; and (/) that is a report on a law enforcement investigation where the substance of the report has been disclosed to the person or body that was the subject of the investi- gation. (5) Despite subsection 8 (1), a head may refuse to confirm or Recusal 1 1 • r 1 111 ^^ confirm deny the existence of a record to which subsection (3) applies, or deny existence of record (6) Where a head refuses to confirm or deny the existence of a Review record, the person who made the request may ask the Director to review the head's decision. (7) A head may refuse to disclose a record whose disclosure Exernption 11111 1 '■^ relations could reasonably be expected to, with other governments (a) prejudice the relations of the Government of Ontario or the Government of Canada with a foreign government; ib) prejudice the defence of Canada; or (c) reveal information given or received in confidence by the Government of Ontario. (8) A head may refuse to disclose a record that reveals a trade Exemption secret or other commercial or financial information, except for commercial statistical aggregates, where the disclosure could reasonably be '"^o^a^'o" expected to, 10 (a) prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organiza- tion; (b) result in information of the same kind no longer being supplied to the institution, where, (i) the information was supplied to the institution on a confidential basis, and (ii) where it is in the public interest that similar information continue to be supplied to the institution; (c) result in undue loss or gain to any person, group, com- mittee or financial institution or agency; or id) unreasonably expose the institution or a commercial or financial enterprise, including a Crown corporation, to disadvantage in competitive activity or in a present or likely process of negotiation, contractual arrangement or similar process. Exception (9) Subsection (8) does not apply to a record where the public interest in its disclosure outweighs the commercial interest in its continued confidentiality. Solicitor- (iQ) A head may refuse to disclose a record that is subject to privilege solicitor-clicnt privilege and was prepared with a view to or for the purpose of litigation. Exemption (11) A head may refuse to disclose a record that is specifically re statutory confidentia provisions confid"nUa^iity exempted from disclosure by a statute that. (a) requires that the record be withheld from the public in such a manner as to give the head no discretion; or (b) establishes particular criteria for withholding or refers to particular types of records to be withheld from the public. Exemption (12) A head mayj-efuse to disclose a record where disclosure to safet" could reasonably be expected to threaten the safety of an indi- vidual. Personal 12. — (1) A head shall not disclose personal information to privacy , , , .,..,, any person other than the mdividual except, 11 (a) upon the prior written request or consent of the indi- vidual, if the record is one to which the individual is entitled to have access; (b) in compelling circumstances affecting the health or safety of an individual, if upon disclosure notification thereof is mailed to the last known address of the indi- vidual to whom the record pertains; (c) personal information collected and maintained specifi- cally for the purpose of creating a record available to the general public; id) under an Act of Ontario or Canada that expressly authorizes the disclosure; (e) for a research purpose if, (i) the use of disclosure is consistent with the con- ditions or reasonable expectations of use and disclosure under which the personal information was provided, collected or obtained, (ii) the research purpose for which the disclosure is to be made, (A) cannot be reasonably accomplished unless the information is provided in individually identifiable form, and (B) justifies the risk to the individual which additional exposure of the information might bring, (iii) the qualifications of those who will conduct the research justify the conclusion that the research objectives will be satisfactorily achieved, (iv) the research proposal is soundly designed in terms of its ability to achieve the stated research objectives, its cost effectiveness, and its minimi- zation of disruption of the operations of the institution, and (v) terms and conditions relating to, (A) security and confidentiality, (B) the destruction of the individual iden- tifier or identifiers associated with the 12 record at the earliest time at which removal or destruction can be accomplished consistent with the pur- pose of the research or statistical project, and (C) the prohibition of any subsequent use or disclosure of the record in individually identifiable form without the express authorization of the institution, have been approved by the Data Protection Authority under clause 40 (g) and the person obtaining the record has filed with the Data Protection Authority a written statement indi- cating that the person understands and will abide by the terms and conditions; or (/) if the disclosure does not constitute an unjustified inva- sion of personal privacy. Criteria (2) A person or tribunal, in determining whether a disclosure of privacy of personal information constitutes an unjustified invasion of personal privacy, shall consider whether, (a) the disclosure is desirable for the purpose of subjecting the activities of the Government of Ontario and its agencies to public scrutiny; (b) access to the personal information may promote public health and safety; (c) access to the personal information will promote informed choice in the purchase of goods and services; id) the personal information is relevant to a fair determi- nation of rights affecting the person who made the request; (e) the data subject will be exposed unfairly to pecuniary or other harm; (/) the personal information is highly sensitive; (g) the personal information is unlikely to be accurate or reliable; and (h) the personal information has been supplied by the data subject in confidence, 13 and shall take into account any other relevant circumstance. (3) A disclosure of personal information is presumed to con- Presumed stitute an unjustified invasion of personal privacy where the per- ol^pdvacy sonal information, (a) relates to a medical, psychiatric or psychological his- tory, diagnosis, condition, treatment or evaluation, except for personal information confirming an indi- vidual's presence in a health care facility; (b) was compiled and is identifiable as part of an investi- gation into a possible violation of criminal law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation; (c) relates to eligibility for social service or welfare benefits or to the determination of benefit levels; (d) relates to employment history; (e) was obtained on an income tax return or similar return or gathered by an institution for the purpose of collect- ing an income tax or similar tax; (/) describes an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness; (g) consists of personal recommendations or evaluations, character references or personnel evaluations; {h) indicates the individual's racial or ethnic origin or religious or political beliefs and associations; or (i) is required to be kept confidential by law. 13. Where an institution receives a request for access to a Severability record that contains information which the head may refuse to disclose and information which the head may not refuse to dis- close, the head shall disclose any reasonably severable portion of the record. 14. The Lieutenant Governor in Council shall cause to be Publication published annually a compilation listing all institutions and, in information respect of each institution, setting out, T^ . . '^ 7 o ; institutions (a) where a request for a record should be made; (b) where the material referred to in sections 15, 16 and 17 has been made available; 14 (c) details of all boards, councils, committees and other bodies consisting of two or more persons that form part of or have been established for the purpose of advising the institution, and whose meetings are open to the public, or whose minutes of meetings are available for public inspection; and id) whether the institution has a library or reading room which is available for public use, and if so, its address. ^sdtutions"^ 15. A head shall make available for inspection and copying by the public, at an office of the institution and at another gov- ernment office or a public library, a fully indexed compilation containing, (a) a description of the organization and operating proce- dures of the institution, including, (i) the functions of and the programs administered by each office, division or branch of the institu- tion, (ii) the general types of decisions made by each such office, division or branch in the exercise of any such function or in the administration of any such program, (iii) the titles of officers who have final authority to make any such decisions, and any delegation of that authority, (iv) the formal and informal administrative proce- dures used for consultation with the public or in the making of any such delegation, and (v) the general manner by which matters arising in the exercise of any function are initiated, pro- cessed, channeled and determined; (b) a list of the general classes or types of records prepared by or in the possession of the institution; (c) the title and business address of each head of the institution who has been designated under section 2 with responsibility to process requests for records and the class of records in relation to which each officer has responsibility; and id) any amendment of information referred to in clauses (a), ib) and (c) which has been made available in accordance with this section. IS 16. — (1) A head shall make available, in the manner institution . 1 • 1 1 1 1 documents described m section 15, any document which has been prepared by the institution, whether before or after this Act comes into force, and issued to officers of the institution and which contains, (a) interpretations of the provisions of any enactment or scheme administered by the institution where the interpretations are to be applied by, or are to be guidelines for, any officer who determines, (i) an application by a person for a right, privilege or benefit which is conferred by the enactment or scheme, (ii) whether to suspend, revoke or impose new con- ditions on a right, privilege or benefit already granted to a person under the enactment or scheme, or (iii) whether to impose an obligation or liablility on a person under the enactment or scheme; or ib) instructions to, and guidelines for, officers of the institution on the procedures to be followed, the methods to be employed or the objectives to be pursued in their administration or enforcement of the provisions of any enactment or scheme administered by the institution that affects the public. (2) A head may delete from a document made available under Deletions subsection (1) any record which the head would be entitled to refuse to disclose, except under subsection 11 (2), where the head includes in the document, (a) a statement of the fact that a deletion has been made; (b) a brief statement of the nature of the record which has been deleted; and (c) a reference to the provision of this Act on which the head relies. (3) Subsections (1) and (2) apply to amendments to docu- Amendments ments. (4) The documents made available under this section shall be i"dex fully indexed. 17. A head shall make available, in the manner described in Opinions of ' ... mstitution section 15, an index of all the institution's final opinions, orders, 16 including concurring and dissenting opinions, and orders made in the adjudication of cases affecting the public. Annual 18. — (1) A head shall make an annual report, in accordance ^^^°^ with subsection (2), to the Speaker of the Assembly who shall cause the report to be laid before the Assembly if it is in session or, if not, at the next ensuing session. Contents (2) A report made under subsection (1) shall specify, of report (a) the number of requests for access to records made to the institution; ib) the number of refusals by the head to disclose a docu- ment, the provisions of this Act under which disclosure was refused, and the number of occasions on which each provision was invoked; (c) the number of applications to the Director for review of a refusal to disclose a document, the number of appli- cations for review of a decision by the head to charge a fee under subsection 9 (1) and, in respect of each appli- cation for review of a refusal to disclose a document, (i) the provision of this Act on which the head relied, (ii) the decision of the Director, and (iii) the details of the Director's order; (d) the amount of fees collected by the institution under subsection 9 (1); (e) the location of any reading room or other facility pro- vided by the institution for the use of a person wishing to inspect or copy a document possessed by the institu- tion; (/) the publications, documents or other information reg- ularly on display in the reading room or other facility; and (g) such other information as indicates an effort by the institution to put into practice the purpose of this Act. Notice 19. — (1) Where a head proposes to disclose a record or part subject thereof that in the opinion of the head may affect the interests of the data subject, the head may, within thirty days after the 17 request for access is received, give written notice in accordance with subsection (2) to the data subject. (2) The notice shall contain, Contents of notice (a) a statement that the head intends to release a record or part thereof that may affect the interests of the data subject; (b) a description of the contents of the record or part there- of that relates to the data subject; and (c) a statement that the data subject may, within twenty days after the notice is given, make representations to the head as to why the record or part thereof should not be disclosed. (3) A head may extend the time set out in subsection (1) in Extension respect of a request under this Act where the time limit set out in section 5 is extended under section 7 in respect of the same request, but no extension period under this subsection shall exceed the period of the extension under section 7. (4) Where a notice is given under subsection (1), Represen- ' ^ tation re disclosure (a) the data subject, may within twenty days after the notice is given, make representations to the head as to why the record or the part thereof should not be dis- closed; and {b) the head shall, within thirty days after the notice is given, decide whether or not to disclose the record or the part thereof and give written notice of the decision to the data subject and the person who made the request. (5) Representations under clause (4) (a) shall be made in writ- Written ing unless the head permits them to be made orally. tations (6) A notice given under clause (4) {b) shall include, h°^^s °^ decision (a) a statement that the data subject may ask the Director to review the decision within twenty days after the notice is given; and (6) a statement that the person who made the request will be given access thereto or to a part thereof, unless within twenty days after the notice is given, a review of the decision is requested. 18 Access to be given unless data subject appeals (7) Where, under clause (4) (b), the head decides to disclose the record or a part thereof, the head shall give the person who made the request access to the record or part thereof after a day twenty days after notice is given under clause (4) <{b), unless the data subject asks the Director to review the decision. Director 20. — (1) The Lieutenant Govemor in Council may appoint a Director of Fair Information Practices. Staff (2) The Director may appoint under the Public Service Act f 41^ ^^^°' ^^^^ officers and employees as are considered necessary from time to time for the Director's purposes. Remuneration (3) The Director shall receive such salary or remuneration and expenses as may be fixed by the Lieutenant Governor in Council by order. Audit (4) The accounts of the Director shall be audited annually by the Provincial Auditor. Annual report (5) The Director shall make an annual report, in accordance with subsection (6), to the Speaker of the Assembly who shall cause the report to be laid before the Assembly if it is in session or, if not, at the next ensuing session. Contents of report (6) A report made under subsection (5) shall contain, (a) an indication of the nature and ultimate resolutions of reviews carried out under subsection 23 (1); (b) an assessment of the extent to which institutions are complying with this Act; (c) the Director's recommendations with respect to the practices of particular institutions and with respect to proposed revisions to the Act and regulations. Tribunal established 21. — (1) The Fair Information Practices Tribunal is hereby established. Composition (2) The Tribunal shall be composed of a chairman and at least three other members to be appointed by the Lieutenant Governor in Council. Remuneration (3) The members of the Tribunal shall receive such salaries or remuneration and expenses as may be fixed by the Lieutenant Governor in Council. Annual report (4) The chairman of the Tribunal shall report annually upon the affairs of the Tribunal to the Speaker of the Assembly who 19 shall cause the report to be laid before the Assembly if it is in session or, if not, at the next ensuing session. (5) The chairman of the Tribunal shall from time to time pub- Summary of ,, , . . , . , decisions lish a summary of the Iribunal s decisions and its reasons there- for. (6) The accounts of the Tribunal shall be audited annually by ^"^'^ the Provincial Auditor. (7) Such officers and employees as are considered necessary staff from time to time for the purposes of the Tribunal may be r so. iqso, appointed under the Public Service Act. c. 4i8 22. — (1) A person who has made a request for access to a Rfview by , , , . , . 11- Director record, and, where section 19 applies, a data subject, may ask the Director of Fair Information Practices to review any decision respecting the request by making a request to the Director in writing within thirty days of becoming aware of the decision. (2) Where the Director receives a request under subsection (1), n°!'" °^ review the Director shall review the decision, upon giving notice of the review to all interested persons. 23.— (1) The Director shall informally inquire into and Mature of review investigate the circumstances of the decision to be reviewed and may, in writing, appoint any person to assist him or her. (2) The Statutory Powers Procedure Act does not apply to a informality review under subsection (1). f 484 ^^^°' (3) The Director may conduct the review or part thereof in P"vate hearing camera. (4) In the course of an inquiry or investigation the Director Representa- 111- 11 . , . „ tions by shall give a reasonable opportunity to make representations to all interested interested persons. parties 24. — (1) After the inquiry or investigation into the cir- Consent r 1 1 • • • 1 T^- resolution cumstances of the decision is complete, the Director shall attempt or order to reconcile the differences between the parties and, where the dispute cannot be satisfactorily resolved on consent, shall make an order. (2) The Director's order may contain any terms and conditions Jjn^tio^n"*^ the Director considers appropriate. (3) The Director shall give the persons who received notice of Notice of the review under subsection 22 (2) written notice of the order, including, 20 (a) the reasons therefor; and (b) a statement that a person who made representations under subsection 23 (4) may appeal the order to the Fair Information Practices Tribunal. Appeal 25. — (1) A person who made representations under subsec- tion 23 (4) and wishes to exercise the right of appeal may file a written notice of appeal with the Fair Information Practices Tri- bunal within thirty days of the date of the Director's order. Tribunal may hold private hearing R.S.O. 1980, c. 484 (2) Despite section 9 of the Statutory Powers Procedure Act, the Tribunal may hear representations by the head in the absence of the person who made the request where the Tribunal considers that a private hearing will facilitate a full explanation of the reasons for the decision. Crown privilege 26. — (1) This Act does not limit the information available to a litigant under the doctrine of Crown privilege. Powers of courts and tribunals (2) This Act does not affect the power of a court or Tribunal to compel a witness to testify or compel the production of a docu- ment. PART II PROTECTION OF INDIVIDUAL PRIVACY Protection of personal information 27. No person shall collect personal information on behalf of an institution unless the collection is expressly authorized by statute, or necessary to the proper administration of a lawfully authorized administration activity. Direct collection 28. — (1) Personal information that is intended to be used by an institution for an administrative purpose shall only be col- lected directly from the individual unless, (a) the individual authorizes another manner of collection; (b) the personal information may be disclosed to the institution concerned under section 31; or (c) the Data Protection Authority has authorized the par- ticular act of collection under clause 40 {d). Notice to data subject (2) Where personal information is collected on behalf of an institution, the head shall inform the individual of. (a) the legal authority for the collection; 21 (b) the principal purpose or purposes for which the person- al information is intended to be used; (c) whether disclosure is voluntary or mandatory and the consequences of failure to provide the personal infor- mation; id) the anticipated use and dissemination of the personal information; (e) alternative sources for verification of the personal information; (/■) the name, title and business telephone number of a public official who can answer the individual's ques- tions about the collection; and (g) whether the individual will have access or correction rights with respect to the personal information. 29. — (1) Personal information that has been used by an Retention institution for an administrative purpose shall be retained after hiformatlon use by the institution for the period prescribed by regulation in order to ensure that the individual to whom it relates has a reasonable opportunity to obtain access to the personal informa- tion. (2) A head shall ensure that the institution complies with the Accuracy and regulations with respect to the accuracy and completeness oi """^ personal information that is used for an administrative purpose. (3) A head shall dispose of personal information under the Disposal control of the institution in accordance with the regulations and hiformatlon in accordance with any directives or guidelines issued by the responsible minister. 30. Personal information under the control of an institution Protection lall not be used individual except, shall not be used by the institution without the consent of the rnformTtlon (a) for the purpose for which it was obtained or compiled or for a use consistent with the purpose; or (b) for a purpose for which the information may be dis- closed to the institution under section 31. 31. — (1) A head may disclose personal information under the where , 1 J- .1 . ,•, .• disclosure control Ot the mstltutlOn, permitted (a) in accordance with Part I; 22 {b) where disclosure is made to an officer or employee of the institution who needs the record in the performance of his or her duties and where disclosure is necessary and proper in the discharge of the institution's func- tions; (c) under statutory provisions that establish specific criteria for the use or disclosure of the information; id) where disclosure is by a law enforcement institution to another law enforcement institution in Canada or to a law enforcement institution in a foreign country under a written agreement, treaty or legislative authority; (e) in compelling circumstances affecting the health and safety of an individual; (/) in compassionate circumstances, to facilitate contact with the next of kin or a friend of an individual who is injured, ill or deceased; (g) to a member of the Legislative Assembly who has been authorized by a constituent to make an inquiry on his behalf or, where the constituent is incapacitated, has been authorized by a relative or legal representative of the constituent; (h) to the Provincial Auditor; (i) to the Ombudsman; (j) to the Data Protection Authority; (k) to the Director of Fair Information Practices; (/) to the Fair Information Practices Tribunal; (w) to the Government of Canada in order to facilitate the auditing of shared cost programs; in) to the Archives of Ontario; and io) to Statistics Canada. Retention (2) A head shall retain a copy of every request received by the re [aw*^** institution under clause (1) id) for the period of time as may be enforcement prescribed by regulation and shall, on the request of the Data Protection Authority, make the copy available to the Authority. 23 32. — (1) A head shall retain a record of any use by the Retention 1 • <- • • 1 • 11°' record institution of personal information contained in a personal data of use bank and of any use or purpose for which the information is disclosed where the use or purpose is not included in the state- ments of uses and purposes set forth under clause 34 (1) (d) and shall attach or link the record of use to the personal information. (2) A record retained under subsection (1) forms part of the Record of , . - . , . , . . 1 • 1 1 "^se part personal information to which it is attached or linked. of personal information (3) Where personal information in a data bank under the con- Notice and ,-.... 1 • 1 1 r • .1 publication trol of an institution is used or disclosed for a use consistent with the purpose for which the information was obtained or compiled by the institution but the use is not included in the statement of consistent uses set forth under clause 34 (1) {d), the head shall, (a) forthwith notify the Data Protection Authority of the use or disclosure; and (b) ensure that the use is included in the next statement of consistent uses set forth in the index. 33. A head shall cause to be included in a data bank all J^^ta personal information under the control of the institution that, (a) has been used, is being used or is available for use for an administrative purpose; or (b) is organized or intended to be retrieved by the indi- vidual's name or by an identifying number, symbol or other particular assigned to the individual. 34. — (1) The responsible minister shall publish at least once Personal . . . 1 • r information each year an index oi all data banks containing personal infor- data bank mation setting forth, in respect of each data bank, '"^'^'' (a) its name and location; (b) the legal authority for its establishment; (c) the types of personal information maintained in it; id) the principal uses of the personal information and the categories of users to whom disclosures from the system are typically made; (e) any other uses and purposes for which personal infor- mation in the data bank is used or disclosed on a regular basis; 24 (/) the categories of individuals for whom records are maintained in the system; (g) the policies and practices applicable to the system with respect to storage, retrievability, access controls, reten- tion and disposal of personal information maintained in the system; and ih) the title, business address, and business telephone number of the official responsible for the operation of the data bank. Availability of index (2) The responsible minister shall cause the index referred to in subsection (1) to be made available throughout Ontario in conformity with the principle that every person is entitled to reasonable access to the index. Right of access to personal information 35. — (1) Every individual has a right of access to, (a) any personal information about the individual con- tained in a data bank under the control of an institu- tion; and {b) any other personal information about the individual under the control of an institution with respect to which the individual is able to provide sufficiently specific information to render it reasonably retrievable by the institution. Right of correction (2) Every individual who is given access under clause (1) (a) to personal information about the individual that has been used, is being used or is available for use for an administrative purpose is entitled to, (a) request correction of the personal information where the individual believes there is an error or omission therein; (b) require that a statement of disagreement be attached to the information reflecting any correction that was requested but not made; and (c) require that any person or body to whom the personal information has been disclosed for use for an adminis- trative purpose within the year before the time a cor- rection is requested or a statement of disagreement is required be notified of the correction or statement of disagreement. 25 36. — (1) An individual seeking access to personal informa- Request tion about the individual shall make a request therefor in writing to the institution that has control of the personal information and shall identify the data bank or otherwise identify the location of the personal information. (2) Subsection 4 (2), and sections 5, 6, 7, 8 and 13 apply with Access 11 i-r- ■ 1 11- procedures all necessary modifications to a request made under subsection (1). (3) Subject to the regulations, where an individual is to be Manner given access to personal information requested under subsection (1), the head shall, (a) permit the individual to examine the personal informa- tion; or (b) provide the individual with a copy thereof. (4) Where access to personal information is to be given, the F"'".'?^' head shall ensure that the personal information is provided to the form individual in a comprehensible form and in a manner which indicates the general terms and conditions under which the per- sonal information is stored and used. 37. A head may refuse to disclose personal information, Exemptions (a) to which subsections 11 (1), (3), (4), (5), (7), (8), (9), (10) and (11) apply; (b) whose disclosure would constitute an unwarranted invasion of another individual's personal privacy; (c) that is evaluative or opinion material compiled solely for the purpose of determining suitability, eligibility or qualifications for the awarding of government contracts and other benefits if its disclosure would reveal the identity of a source who furnished information to the institution in confidence; id) that is medical information whose disclosure would prejudice the health of the data subject; (e) that is a correctional record whose disclosure could reasonably be expected to, (i) seriously disrupt an individual's institutional, parole, or mandatory supervision program, (ii) reveal information supplied in confidence, or 26 Review by Director Review and further appeal Authority established (iii) result in physical or other harm to the individual or another person; or (/) that is a research or statistical record. 38. — (1) An individual who has made a request for access to personal information under subsection 36 (1) or a request for correction under subsection 35 (2) may ask the Director of Fair Information Practices to review any decision respecting the request by making a request to the Director in writing within thirty days of becoming aware of the decision. (2) Subsection 22 (2), and sections 23, 24 and 25 apply, with all necessary modifications, to a request for review under sub- section (1). 39. — (1) The Data Protection Authority is hereby estab- lished. Composition (2) The Authority shall be composed of a chairman and at least four other members to be appointed by the Lieutenant Gov- ernor in Council. Annual report Audit (3) The chairman of the Authority shall report annually upon the affairs of the Authority to the Speaker of the Assembly who shall cause the report to be laid before the Assembly if it is in session or, if not, at the next ensuing session. (4) The accounts of the Authority shall be audited annually by the Provincial Auditor. Staff R.S.O. 1980, c. 418 Powers and duties of Authority (5) Such officers and employees as are considered necessary from time to time for the purposes of the Authority may be appointed under the Public Service Act. 40. The Data Protection Authority may, (a) offer comment on the privacy protection implications of proposed legislative schemes or government programs; (b) advise on the interpretation and implementation of this Act; (c) require an institution to, (i) cease a collection practice, and (ii) destroy collections of personal information, that contravene this Act; 27 id) in appropriate circumstances, authorize the collection of personal information otherwise than directly from the individual; (e) engage in or commission research into issues affecting the purposes of this Act; (/) receive representations from the public concerning the operation of this Act; and (g) consider and approve or reject terms and conditions related to a research proposal. 4 1 . Subject to the approval of the Lieutenant Governor in Regulations Council, the Data Protection Authority may make regulations, (a) respecting the manner of access to original records under section 10; (b) respecting the manner of access to personal information under subsection 36 (3); (c) respecting records which may be produced from machine readable records; {d) setting standards for and requiring administrative, technical and physical safeguards to ensure the security and confidentiality of records and personal information under the control of institutions; (e) setting standards for the accuracy and completeness of personal information that is under the control of an institution and used for an administrative purpose; (/) prescribing time periods for the purposes of subsections 29 (1) and 31 (2); and (g) respecting any matter necessary to carry out effectively the purpose of this Act. 42. (1) No person shall, Offences (a) wilfully disclose personal information in contravention of this Act; ib) wilfully maintain a data bank that contravenes this Act; or (c) obtain or attempt to obtain personal information under false pretences. 28 Penalty (2) Every person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $5,000. Right of action 43. An individual may by action recover from the Crown in right of Ontario pecuniary and other damages suffered as a result of, (a) a refusal to correct inaccurate personal information under subsection 35 (2); {b) a contravention of this Act relating to the collection or disclosure of personal information. Head may delegate 44. A head may by order delegate any of his or her powers and duties under this Act to an officer or employee of the institu- tion. Responsible minister 45. The Lieutenant Governor in Council may by order designate a minister of the Crown to be the responsible minister for the purposes of this Act. Review of other Acts 46. — (1) The Standing Committee on Procedural Affairs shall undertake a comprehensive review of all confidentiality provisions contained in Acts in existence on the day this Act comes into force and shall make recommendations to the Gov- ernment of Ontario regarding, (a) the repeal of unnecessary or inconsistent provisions; and {b) the amendment of provisions that do not conform to the purposes of this Act. Deemed repeal (2) A confidentiality provision in an Act in existence on the day this Act comes into force is deemed to be repealed on a day two years after the day this Act comes into force unless it is amended or reaffirmed by the Legislative Assembly. Crown bound Commence- ment 47. This Act binds the Crown. 48. This Act comes into force on a day to be named by proc- lamation of the Lieutenant Governor. Short title 49. The short title of this Act is the Freedom of Information and Protection of Privacy Act, 1982. ^ 2. t2 § e » «> ^ bd c^ w g 1— ( H ffi ■X > (^ d t33 h3 PI- 0^ Ki S Kl s W 05 a- v: r-t. >3 Pi- -^ p- j_. S o c^ 00 0^5 •tJ 3 ^ i-< re n> 0 r-f- > 3 0' 0 3 3 > 0 0 0 l-H 3 l-H 3 i-h 0 73 H-» 0 i-i < i-« 0 a 3 < c ja a &3 |-^ rD ^■^ o" !-+> Tl 3 ? i-< l-< P <' 3 fa CL BILL 99 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to require the provision of information respecting the Labour Content of Motor Vehicles Mr. Newman TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill would require that motor vehicle dealers provide every purchaser of a new vehicle with a statement setting out the total number of hours of labour required to produce the vehicle and showing, by percentages, in what countries those hours of labour were performed. BILL 99 1982 An Act to require the provision of information respecting the Labour Content of Motor Vehicles HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In this Act, interpre- tation (a) "new motor vehicle" means a motor vehicle, as defined in the Motor Vehicle Dealers Act, that has not been R so. iqso, c 299 driven for any purpose other than delivery to a motor vehicle dealer and servicing; (b) "motor vehicle dealer" means a motor vehicle dealer as defined in the Motor Vehicle Dealers Act. 2. Every motor vehicle dealer shall, before selling a new statement motor vehicle, provide the prospective purchaser with a state- content""^ ment of the labour content of the new motor vehicle showing, (a) the total number of hours of manufacturing labour required to construct and assemble the new motor vehicle, including its constituent parts; and (b) by percentages, in what nations the hours of labour were performed. 3. Where a motor vehicle dealer does not comply with section Right to 2, the purchaser may rescind the agreement to purchase the new motor vehicle by delivering a notice of rescission in writing to the motor vehicle dealer at any time before the purchaser takes pos- session of the new motor vehicle. 4. This Act comes into force on the day it receives Royal Commence- Assent. 5. The short title of this Act is the Motor Vehicles Labour short title Content Disclosure Act, 1982. bo •T3 ;;^ §■ a g w ^ Z «> g X > O) z a. ft- Nj S t^ S »3 o, ft. v; >3 ft- <-t- >3 ft I— ' ft- 1' 00 13 B > |> 3 r-^ o <. o O o >2 O 3- S- ■-l '-' ^ ^ l-K Cl. 5^ "" "* n (— I ^3 -« o o o BILL 100 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act respecting Advertising by Governmental Organizations Mr. Foulds TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to control the type of advertising placed by the Government of Ontario in broadcasting and print media. The Bill prohibits the placement of advertisements by the Government of Ontario that have the effect . of promoting directly or indirectly the political party to which the members of the Executive Council belong. The Bill authorizes the Commission on Election Con- tributions and Expenses to receive and inquire into complaints concerning gov- ernment advertising. If the Commission determines that a government adver- tisement does directly or indirectly promote the political party to which the members of the Executive Council belong, the Government of Ontario must immediately withdraw the advertisement from further use. BILL 100 1982 An Act respecting Advertising by Governmental Organizations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In this Act, interpre- tation (a) "Commission" means the Commission on Election Contributions and Expenses established under the Election Finances Reform Act: R.s.o. i98o, •^ ' c. 134 (b) "governmental organization" means a ministry, com- mission, board or other administrative unit of the Gov- ernment of Ontario, and includes any agency thereof. 2. No governmental organization shall, Political advertising by (a) advertise on the facilities of any broadcasting under- proWbUed"*^ taking; or (b) procure for publication, cause to be published or con- sent to the publication of an advertisement in a news- paper, magazine or other periodical publication or through the use of outdoor advertising facilities, if the effect of the advertisement is to promote directly or indi- rectly the political party to which the members of the Executive Council belong. 3. — (1) An advertisement placed by a governmental organi- P''°hibited ition promotes the political Executive Council belong if. zation promotes the political party to which the members of the advertising (a) the advertisement contains a logo, slogan, motto or name that is similar to or likely to be identified with a logo, slogan, motto or name of the political party; Guidelines Complaint Report Withdrawal of advertise- ment Public examination of report (b) the advertisement features a photograph or voice recording of a member of the Executive Council; or (c) the advertisement contravenes guidelines on govern- ment advertising established by the Commission. (2) The Commission shall, within one year after the day on which this Act comes into force, establish guidelines for gov- ernmental organizations to assist such organizations in comply- ing with section 2 when placing government advertisements. 4. — (1) Where a person believes that a government adver- tisement contravenes section 2, the person may file a complaint in writing with the Commission concerning the advertisement. (2) The Commission shall inquire into every complaint and shall make a report within twenty-one days after the complaint was filed to the Speaker of the Assembly or, if the Assembly is dissolved, to the Chief Election Officer indicating whether or not, in the opinion of the Commission, the government adver- tisement promotes directly or indirectly the political party to which the members of the Executive Council belong. (3) Where the Commission determines that a government advertisement contravenes section 2, the governmental organi- zation that placed the advertisement shall immediately cease to broadcast or publish the advertisement and, where possible, shall withdraw the advertisement from existing uses. (4) Upon receipt of the Commission's report, the Speaker or the Chief Election Officer, as the case may be, shall provide a copy of the report to the person who filed the complaint, shall make the report available for public examination and shall cause the report to be tabled in the Assembly if it is in session or, if not, at the commencement of the next ensuing session. Commence- ment 5. This Act comes into force on the day it receives Royal Assent. Short title 6. The short title of this Act is the Government Advertising Control Act, 1982. bo ^ ^ «A. cf ^ «> ^ o «i t-^ ^ 0 a- 0«1 t\) ;5 1-^ s &3 Co G- v; w- >3 >3 a, a. t»A. s vO s OK, 00 QTQ CL < n <-i <->■ h-*- «5_ 5' TO > O 3 o > < o a> <-^ 3 3 ft) 3 fD O r^ f-h P 5' o oq l-« QfP P> 3_ n' P r+ h^* o 3 BILL 101 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Election Finances Reform Act Mr. Foulds TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to prohibit advertising by the Government of Ontario during a provincial election campaign. The Bill contains exemptions from the general prohibition for advertising related to the administration of the election and advertising required for emergency purposes. BILL 101 1982 An Act to amend the Election Finances Reform Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The Election Finances Reform Act, being chapter 134 of the s. 38a, Revised Statutes of Ontario, 1980, is amended by adding thereto the following section: 38a. — (1) The Government of Ontario shall not, during the Limitation period between the day the writ for an election is issued and government polling day, advertising (a) advertise on the facilities of any broadcasting under- taking; or (b) procure for publication, cause to be published or con- sent to the publication of an advertisement in a news- paper, magazine or other periodical publication or through the use of outdoor advertising facilities, for any purpose. (2) Subsection (1) does not apply. Exceptions (a) to any advertisement respecting the enumeration and revision of lists of voters or respecting any other matter in relation to the administration of the election; and (b) to any advertisement required for emergency purpose, the subject-matter of which is approved before the advertisement is broadcast or published by the leader of each political party represented in the Assembly at the time the writ for the election was issued. 2. This Act comes into force on the day it receives Royal Assent. Commence- •^ -^ ment 3. The short title of this Act is the Election Finances Reform Amend- ^^"'■' ""'' ment Act, 1982. ^3 Co to o a Pi- Op (X5 00 a. 0^ fT n o' 3 > 3 3 > n 5' '"'" &3 t—f' 3 o n re 3 W 3 CL O ,_^ I-! :r 3 rt BILL 102 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Assessment Act Mr. Boudria TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill provides an informal procedure whereby the 1981 and 1982 assess- ments of real property in which urea formaldehyde foam insulation was installed before December 18, 1980 may be reduced by half and any overpayment of taxes may be refunded. The Bill also provides that in ordinary assessment appeals, it shall be pre- sumed that the value of real property in which urea formaldehyde insulation was installed before December 18, 1980 has thereby been reduced by half. BILL 102 1982 An Act to amend the Assessment Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The Assessment Act, being chapter 31 of the Revised Statutes of g^^^^jg^ Ontario, 1980, is amended by adding thereto the following section: 36a. — (1) Despite subsections 36 (1) and (2), where an owner Reduction of or tenant of real property provides evidence that satisfies the ^^here'"^"* clerk that urea formaldehyde foam insulation was installed in the property real property before the 18th day of December, 1980, the clerk wUh^^ urea shall reduce the 1981 and 1982 assessments by half and shall formaldehyde foam msulation revise the assessment rolls accordmgly. (2) The clerk shall, within thirty days after an owner or tenant Notice provides evidence to the clerk under subsection (1), advise every dec'islon* owner or tenant of the real property in writing of the clerk's decision under subsection (1). (3) An owner or tenant who is dissatisfied with the clerk's Appeal to decision under subsection (1) may appeal to the Assessment Review Court Review Court by mailing a written notice of appeal to the proper regional registrar within thirty days after notice of the clerk's decision is received. (4) Where a notice of appeal is given under subsection (3), the Appeal Assessment Review Court shall determine the manner in an determined informal manner and its decision is final. informally (5) Where the Assessment Review Court determines that urea Reduction of formaldehyde foam insulation was installed before the 18th day on^ appeal of December, 1980, in real property, the assessment of which is the subject of an appeal under subsection (3), the regional regis- trar shall give the clerk written notice of the Court's decision and the clerk shall reduce the 1981 and 1982 assessments and shall revise the assessment rolls accordingly. Adjustment of taxes s. 39 (6a), enacted Presumption re urea formaldehyde foam insulation Commence- ment Short title (6) Where an assessment is reduced under subsection (1) or (5), subsection 36 (6) applies with all necessary modifications. 2. Section 39 of the said Act is amended by adding thereto the fol- lowing subsection: (6a) Where the complainant establishes that urea formal- dehyde foam insulation was installed in the real property to which the assessment relates before the 18th day of December, 1980 and has not been removed from the real property, there is a presumption that the value of the real property has thereby been reduced by half. 3. This Act comes into force on the day it receives Royal Assent. 4. Theshorttitleoithis Act is the Assessment Amendment Act, 1982. Go ^ s <2 g Ci w ^ w «> o Id 0 O) > a. 0^ a- ON >3 00 °^ > 3 3 BILL 103 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to ensure the Safety of Prescribed Burns in Ontario Mr. Van Horne TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to ensure that prescribed burns are conducted in a safe manner. The Bill provides for the appointment of a Fire Safety Officer who is required to examine each place at which it is intended to set a prescribed burn. Prescribed burns are prohibited unless permission is first obtained from the Fire Safety Officer. The Fire Safety Officer must refuse permission if, in the opinion of the officer, it would not be safe to set the prescribed burn. The Bill contains a provision that extends the application of the Bill to the Crown. BILL 103 1982 An Act to ensure the Safety of Prescribed Burns in Ontario HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In this Act, "prescribed burn" means a fire that results interpre- from the deliberate application of fire to forest fuels in a specified area for silvicultural, wildlife management, sanitary or hazard reduction purposes. 2.— (1) There shall be an officer of the Ministry of the Soli- Fire Safety Officer citor General, to be known as the Fire Safety Officer, who shall be appointed by the Lieutenant Governor in Council. (2) The Lieutenant Governor in Council may appoint one or P^P^^yQ^l!"^ more Deputy Fire Safety Officers who may exercise the powers of the Fire Safety Officer under the authority of or in the absence, illness or incapacity of the Fire Safety Officer. 3. No person shall set a fire for the purpose of effecting a Leave to be ., , , . , , . -. 1-1 ... obtained prescribed burn without having first obtained permission in before writing from the Fire Safety Officer, which permission may be limited as to duration and area and may contain such terms and conditions as the Fire Safety Officer considers necessary. 4. The Fire Safety Officer, on being requested to set a pre- inspection scribed burn, shall examine the place at which it is intended to safety officer set the fire and the adjacent land and the timber, trees and other property thereon, and he shall refuse the request if, in his opin- ion, it would not be safe to set a prescribed burn. 5. The Fire Safety Officer may, at any time, in the interest of ^''^^r to ,- • • 1 -111 1 -1 extinguish safety extinguish a prescribed burn or order any person in charge or apparently in charge of a prescribed burn to extinguish it. 6. The permission of a Fire Safety Officer to set a prescribed Le^ve not to '^ -^ .be relied on burn shall not be pleaded or given in evidence in any action for in actions for negligently setting a prescribed burn or in mitigation of damages, negligence but the absence of such permission is prima facie evidence of negligence. Offence 7. Every person who contravenes section 3 or who fails to comply with an order under section 5 is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both. Application to Crown Commence- ment 8. This Act binds the Crown. 9. This Act comes into force on the day it receives Royal Assent. Short title 1 0. The short title of this Act is the Prescribed Burns Safety Act, 1982. <: > ffl o w w 0^ 1-^ I— ' o ? » S- I— ' s' o 0«3 1-1 > 3 > o n i-< i-f- o^ r+ n O a n t3d 3 c C i-« •-< 3 n t/2 f-f- b^. 3- 3 (T> O 3 (-»• m W (-^ 1-! ^ BILL 104 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Consumer Protection Act Mr. Van Horne TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to provide protection against the sale of stolen property. The Bill requires persons who deal in used goods to record the name and address of each person from whom they purchase used goods. A dealer in used goods is prohibited from reselling the goods for a period of seven days after the date of purchase. Where the dealer has reason to suspect that the used goods have been stolen, the dealer is under a duty to report the matter to the police. BILL 104 1982 An Act to amend the Consumer Protection Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The Consumer Protection Act, being chapter 87 of the Revised s. 36b, Statutes of Ontario, 1980, is amended by adding thereto the fol- ^"^*^ ^ lowing section: 36b. — (1) In this section, "dealer in used goods" means a per- interpre- son, association of individuals, partnership or corporation that carries on business as a buyer of used goods for the purposes of resale. (2) Every dealer in used goods shall record each purchase of Record of used goods in a book to be kept by the dealer and shall indicate pu^rchase ^ for each purchase, (a) the day, month and year in which the purchase was made; (b) the full name, address and a description of the person selling the used goods reasonably sufficient to identify that person, and where the person selling the used goods states that he is the agent of the owner, the name and address of the owner; (c) a description of the goods reasonably sufficient to iden- tify them; and id) the purchase price of the used goods. (3) Where a dealer has reasonable cause to suspect that used where goods suspected to goods have been stolen or otherwise unlawfully obtained, the have been dealer shall forthwith report the matter to a member of the police ^^°^^" force of the municipality in which the dealer carries on business. (4) A dealer shall not offer used goods for sale for at least Waiting seven days after the date on which the goods were purchased by the dealer. 2 Commence- 2. This Act comcs into force on the day it receives Royal Assent. ment Short title 3. The short title of this Act is the Consumer Protection Amendment Act, 1982. n bo o w w 0^5 ^ o >3 s* vO Or<5 O 3 > w 3 B > n r-^ <-t (■♦ T) O 1^ o n o »3 3 ft) 3 o" a 3 i-t- tr > ft> BILL 105 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act respecting the Mortgage Financing of Rideau Centre in the City of Ottawa The Hon. N. Sterling Provincial Secretary for Justice TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note Rideau Centre is a major real estate development in downtown Ottawa which is to consist of a convention centre, hotel, office building, retail and com- mercial facilities and park areas and is intended to be the focus of a significant redevelopment in downtown Ottawa planned by the National Capital Commis- sion. Rideau Centre will be conveyed to the federal Crown in 2033 for a nominal consideration of $1.00. It is proposed that the owners, in order to obtain favourable financing for the development, will grant an option to the mortgage lenders to acquire a 35 per cent interest in the development. At common law, an option granted as a part of a mortgage financing transaction is considered to be a clog or fetter on the mortgagor's right to redeem the property upon payment of the moneys owing under the mortgage and for that reason is unenforceable. It is considered desirable that, having regard to the nature of the develop- ment, the common law rule not apply to this transaction because it is too restric- tive. Accordingly, the Bill provides that the common law rule does not apply. BILL 105 1982 An Act respecting the Mortgage Financing of Rideau Centre in the City of Ottawa HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In this Act, interpre- tation (a) "development" means, (i) the lands and premises described in the Schedule, (ii) all buildings, fixtures and improvements now or hereafter erected or located on or under the lands and premises referred to in subclause (i), and (iii) all rights-of-way, easements, franchises and privileges now or hereafter benefiting the lands and premises referred to in subclause (i); {b) "Rideau Centre" means the development and all pre- sent and future right, title and interest therein and all present and future benefit and advantage to be derived therefrom, including all leases of, or agreements relat- ing to, all or part of the development and all rentals and other moneys payable under the leases and agreements and all benefit and advantage to be derived therefrom. 2. An option to acquire a legal or beneficial interest in Rideau Option Centre, granted as part of a mortgage financing of Rideau Centre, is not invalid, unenforceable or void by reason only that the option is inconsistent with or repugnant to, or a fetter or clog on, the mortgagor's legal or equitable right of redemption. 3. This Act comes into force on the day it receives Royal Commence- A . ment Assent. Short title 4. The short title of this Act is the Rideau Centre Mortgage Financing Act, 1982. SCHEDULE All and singular those certain parcels or tracts of land and premises situate, lying and being in the City of Ottawa in the Regional Municipality of Ottawa-Carle ton. Province of Ontario, and Being composed of lands and air space described as follows: Firstly - All of Lots 4,5,6 and 7 on the south side of Rideau Street, all of Lots 4, 5, 6 and 7 on the north side of Besserer Street (formerly St. Paul Street), according to a plan of subdivision registered on the Registry Office for the Registry Division of Ottawa-Carleton (No. 5) as No. 3922, together with those portions of the Ordnance Lands, being parts of Lot •C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, known as part of Lot 7 and part of Lot 8 on the north side of Besserer Street (formerly St. Paul Street), according to said registered plan No. 3922, and desig- nated as PARTS 1, 2, 3 and 4 on a reference plan deposited in the said Registry Office as No. 5R-5671; secondly - Part of Freiman Street (formerly Mosgrove Street), closed by By-Law No. 172-80, registered in the said Registry Office as Inst. No. NS89593, together with part of Besserer Street (formerly St. Paul Street), and those lands taken for the widening thereof (namely, part of Little Sussex Street, part of Lots 4 and 5, also known as Forgie's Lot, and 13 and 14 on the south side of Besserer Street (formerly St. Paul Street), part of the Tannery and Ashery Lots, part of Mosgrove Street, part of Lot 1 on the east side of Mosgrove Street, part of Turgeon Lane (formerly Mill Lane), all according to said registered plan No. 3922, together with part of the Ordnance Lands, being part of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, lying between the Tannery Lot and the Ashery Lot), now closed by By-Law No. 173-80 registered in the said Registry Office as Inst. NO.NS86385, and designated as PARTS 5, 6, 7, 8, 9 and 10 on said reference plan No. 5R-5671; Subject to a public utilities easement in favour of the Corporation of the City of Ottawa in, along and under that portion of the said lands designated as PARTS 18 to 25, both inclusive, on a reference plan deposited in the said Registry Office as NO.5R-5106, and as described in an instrument registered in the said Registry Office as No. NS115590; Thirdly - Part of Lots 4 and 5 (also known as Forgie's Lot), and 13 and 14 on the south side of Besserer Street (formerly St. Paul Street), part of the Tannery and Ashery Lots, part of Mosgrove Street (closed by By-Law Nos. 328-59 and 7469, regi- stered in the said Registry Office as Inst. Nos. 395967 and 207861 (Firstly) respectively), part of Lot 1, all of Lot 2 and part of Lots 3 and 4 on the east side of Mosgrove Street, all of Lot 2 and part of Lot 3 on the west side of Turgeon Lane (formerly Mill Lane), part of Turgeon Lane (formerly Mill Lane) closed by By-Law No. 6583 registered in the said Registry Office as No. 196026, all of Lot 10 and part of Lot 9 on the east side of Turgeon Lane (formerly Mill Lane), all of Lot 1 and part of Lot 2 on the west side of Nicholas Street, part of Little Sussex Street and part of Currier Lane (both closed by By-Law No. 7946 registered in the said Registry Office as Inst. No. 213433), all of Lots 1, 2, 3 and 4 and part of the unnumbered triangular lot lying to the west of Lot 1 and part of the unnumbered triangular lot lying to the rear of Lot 1 and part of the unnumbered lots lying to the rear of Lots 2, 3 and 4, all on the south side of Currier Lane, all according to the said registered plan No. 3922, together with parts of the Ordnance Lands, being parts of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, and designated as PARTS 12, 13, 14, 15, 16 and 34 on said reference plan J«o. 5R-5671; Reserving thereout and therefrom a sewer tunnel ease- ment in, along and under part of Lot 4 on the south side of Besserer Street (formerly St. Paul Street), also known as Forgie's Lot, part of Currier Lane and part of Little Sussex Street (both closed by By-Law No. 7946), part of Lot 1 and part of the unnumbered triangular lot lying to the west of Lot 1 and part of the unnumbered triangular lot lying to the rear of Lot 1 on the south side of Currier Lane, all according to said regi- stered plan No. 3922, together with part of the Ordnance Lands, being part of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, and designated as PART 28 on a reference plan deposited in the said Registry Office as No. 5R-5557. Reserving thereout and therefrom a watermain easement, in, along and under part of the Ordnance Lands, being part of Lot •€', Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, and designated as PART 30 on a reference plan deposited in the said Registry Office as No. 5R-5557. Fourthly - Part of the Ashery Lot, part of Mosgrove Street (closed by By-Law No. 7469 registered in the said Registry Office as Inst. No. 207861 (Firstly)), parts of Lot 4 on the east side of Mosgrove Street, part of Turgeon Lane (formerly Mill Lane closed by By-Law No. 6583, registered in the said Registry Office as Inst. No. 196026), part of Lots 7 and 8 on the east side of Turgeon Lane (formerly Mill Lane), all of Lots 6 and 7 and part of Lots 3, 4 and 8 on the west side of Nicholas Street, part of Lot i on the north side of Court Street (formerly Albert Street), part of Court Street (formerly Albert Street closed by By-Law Nos. 2254 and 2264, registered in the said Registry Office as Inst. No- 69370, and by By-Law No. 30-69, registered in the said Registry Office as Inst. No. 555007), all of Lots 67 to 72, both inclusive, on the south side of Court Street (formerly Albert Street), part of Lots 67 to 72, both inclusive, on the north side of Wilbrod Street (formerly Slater Street), all according to said registered plan No. 3922, together with part of the Ordnance Lands being part of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, and designated as PARTS 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 37, 38, 39 and 40 on said reference plan No. 5R-5671; Reserving thereout and therefrom a sewer tunnel ease- ment in, along and under part of the Ordnance Lands, being part of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, and designated as PARTS 41, 42, 44, 59, 60, 62, 63, 64 and 79 on said reference plan No. 5R-5557. Reserving thereout and therefrom a watermain easement in, along and under part of Lot 8 on the west side of Nicholas Street, part of Lots 67 to 72, both inclusive, on the north side of Wilbrod Street (formerly Slater Street), part of Lots 69, 70 and 71 on the south side of Court Street (formerly Albert Street), according to said registered plan No. 3922, together with part of the Ordnance Lands, being part of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, and designated as PARTS 42, 43, 47, 48, 49, 52, 55, 60, 61, 62, 64 and 68 on said reference plan No. 5R-5557. Subject to a Bell Canada easement registered in the said Registry Office as Inst. No. 589377 over those portions of the said lands designated as pXrtS 49, 50, 53 and 75 on said reference plan No. 5R-5557. Fifthly - The air space and all rights therein, over and above those portions of the unnumbered triangular lot lying to the rear of Lot 1 and the unnumbered lots lying to the rear of Lots 2, 3 and 4, all on the south side of Currier Lane, part of the Tannery Lot, part of the Ashery Lot, part of Mosgrove Street (closed by By-Law No. 7469 registered in the said Registry office aa Inst. No. 20786 (Firstly)), part of Lots 3 and 4 on the east side of Mosgrove Street, part of Lot 3 on the west side of Turgeon Lane (formerly Mill Lane), part of Turgeon Lane (formerly Mill Lane, closed by By-Law No. 6583, registered in the said Registry Office as Inst. No. 196026), part of Lots 8 and 9 on the east side of Turgeon Lane (formerly Mill Lane), all according to said registered plan No. 3922, together with parts of the Ordnance Lands being parts of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, and which air space is designated as PARTS 17, 18, 19, 20, 21, 22 and 35 on said reference plan No. 5R-5671. Sixthly - Part of the Ordnance Lands, being part of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, lying on the north side of Besserer Street (formerly St. Paul Street), according to said registered plan No. 3922, and designated as PARTS 1 and 2 on a reference plan deposited in the said Registry Office as No. 5R-5725. Seventhly - All of Lot 9 and the west half of Lot 10 on the south side of Rideau Street, all of Lot 9 and the west half of Lot 10 on the north side of Besserer Street (formerly St. Paul Street), according to a plan of subdivision registered in the Registry Office for the Registry Division of Ottawa-Carleton (No. 5) as No. 3922, and designated as PART 11 on a reference plan deposited in the said Registry Office as No. 5R-5671; Subject to a right-of-way at all times, for all persons entitled thereto, over, along and upon that portion of the said west half of Lot 10, south Rideau Street and the said west half of Lot 10, north Besserer Street (formerly St. Paul Street), designated as PART 67 on a reference plan deposited in the said Registry Office as No. 5R-5557. Together with a right-of-way at all times in common with others entitled thereto, over, along and upon a strip of land being part of the east half of said Lot 10, south Rideau Street and part of the east half of said Lot 10, north Besserer Street (formerly St. Paul Street), described as follows: Commencing at the southwesterly angle of the east half of said Lot 10, north Besserer Street (formerly St. Paul Street), Thence northerly along the division line between the east and west halves of the said lot and along the division line between the east and west halves of said Lot 10, south Rideau Street, in all a distance of 37.29 metres; Thence easterly and parallel with the southerly limit of said Lot 10, north Besserer Street (formerly St. Paul Street), a distance of 1.37 metres; Thence southerly in a straight line, a distance of 37.29 metres to a point in the southerly limit of said Lot 10, north Besserer Street (formerly St. Paul Street), distant 1.37 metres measured easterly thereon from the said south-westerly angle of the east half thereof; Thence westerly along the southerly limit of said Lot 10, a distance of 1.37 metres to the said point of commencement. Subject to the conditions of a party wall agreement as set out in an instrument registered in the said Registry Office as NO. 172503. c2 Go o < H 5' 5^ ffi n o o n z l-^ &5 k'^ C/2 v: H i-h W O W i-< r* t_i c 2: C/) 0 a. 0^5 Kj 1-^ i»-i v: 00 Ci- Pi- vO > 05 fH ft r* '=' a' n g 0 Q >-t Orq 0 fC H+i 0 (->- J3I 5' l-h s^ tu 3 ^ o_ 5» 5' oq BILL 105 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act respecting the Mortgage Financing of Rideau Centre in the City of Ottawa The Hon. N. Sterling Provincial Secretary for Justice TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 105 1982 An Act respecting the Mortgage Financing of Rideau Centre in the City of Ottawa HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 , In this Act, interpre- tation (a) "development" means, (i) the lands and premises described in the Schedule, (ii) all buildings, fixtures and improvements now or hereafter erected or located on or under the lands and premises referred to in subclause (i), and (iii) all rights-of-way, easements, franchises and privileges now or hereafter benefiting the lands and premises referred to in subclause (i); (b) "Rideau Centre" means the development and all pre- sent and future right, title and interest therein and all present and future benefit and advantage to be derived therefrom, including all leases of, or agreements relat- ing to, all or part of the development and all rentals and other moneys payable under the leases and agreements and all benefit and advantage to be derived therefrom. 2. An option to acquire a legal or beneficial interest in Rideau Option _ , - .. . rT>-i authorized Centre, granted as part of a mortgage fmancmg of Rideau Centre, is not invalid, unenforceable or void by reason only that the option is inconsistent with or repugnant to, or a fetter or clog on, the mortgagor's legal or equitable right of redemption. 3. This Act comes into force on the day it receives Royal Commence- -^ ment Assent. Short title 4. The short title of this Act is the Rideau Centre Mortgage Financing Act, 1982. SCHEDULE All and singular those certain parcels or tracts of land and premises situate, lying and being in the City of Ottawa in the Regional Municipality of Ottawa-Carleton, Province of Ontario, and Being composed of lands and air space described as follows: Firstly - All of Lots 4, 5, 6 and 7 on the south side of Rideau Street, all of Lots 4, 5, 6 and 7 on the north side of Besserer Street (formerly St. Paul Street), according to a plan of subdivision registered on the Registry Office for the Registry Division of Ottawa-Carleton (No. 5) as No. 3922, together with those portions of the Ordnance Lands, being parts of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, known as part of Lot 7 and part of Lot 8 on the north side of Besserer Street (formerly St. Paul Street), according to said registered plan No. 3922, and desig- nated as PARTS 1, 2, 3 and 4 on a reference plan deposited in the said Registry Office as No. 5R-5671; Secondly - Part of Freiman Street (formerly Mosgrove Street), closed by By-Law No. 172-80, registered in the said Registry Office as Inst. No. NS89593, together with part of Besserer Street (formerly St. Paul Street), and those lands taken for the widening thereof (namely, part of Little Sussex Street, part of Lots 4 and 5, also known as Forgie's Lot, and 13 and 14 on the south side of Besserer Street (formerly St. Paul Street), part of the Tannery and Ashery Lots, part of Mosgrove Street, part of Lot 1 on the east side of Mosgrove Street, part of Turgeon Lane (formerly Mill Lane), all according to said registered plan No. 3922, together with part of the Ordnance Lands, being part of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, lying between the Tannery Lot and the Ashery Lot), now closed by By-Law No. 173-80 registered in the said Registry Office as Inst. NO.NS86385, and designated as PARTS 5, 6, 7, 8, 9 and 10 on said reference plan No. 5R-5671; Subject to a public utilities easement in favour of the Corporation of the City of Ottawa in, along and under that portion of the said lands designated as PARTS 18 to 25, both inclusive, on a reference plan deposited in the said Registry Office as NO.5R-5106, and as described in an instrument registered in the said Registry Office as No. NS115590; Thirdly - Part of Lots 4 and 5 (also known as Forgie's Lot), and 13 and 14 on the south side of Besserer Street (formerly St. Paul Street), part of the Tannery and Ashery Lots, part of Mosgrove Street (closed by By-Law Nos. 328-59 and 7469, regi- stered in the said Registry Office as Inst. Nos. 395967 and 207861 (Firstly) respectively), part of Lot 1, all of Lot 2 and part of Lots 3 and 4 on the east side of Mosgrove Street, all of Lot 2 and part of Lot 3 on the west side of Turgeon Lane (formerly Mill Lane), part of Turgeon Lane (formerly Mill Lane) closed by By-Law No. 6583 registered in the said Registry Office as No. 196026, all of Lot 10 and part of Lot 9 on the east side of Turgeon Lane (formerly Mill Lane), all of Lot 1 and part of Lot 2 on the west side of Nicholas Street, part of Little Sussex Street and part of Currier Lane (both closed by By-Law No. 7946 registered in the said Registry Office as Inst. No. 213433), all of Lots 1, 2, 3 and 4 and part of the unnumbered triangular lot lying to the west of Lot 1 and part of the unnumbered triangular lot lying to the rear of Lot 1 and part of the unnumbered lots lying to the rear of Lots 2, 3 and 4, all on the south side of Currier Lane, all according to the said registered plan No. 3922, together with parts of the Ordnance Lands, being parts of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in tlie said City of Ottawa, and designated as PARTS 12, 13, 14, 15, 16 and 34 on said reference plan ]No. 5R-5671; Reserving thereout and therefrom a sewer tunnel ease- ment in, along and under part of Lot 4 on the south side of Besserer Street (formerly St. Paul Street), also known as Forgie's Lot, part of Currier Lane and part of Little Sussex Street (both closed by By-Law No. 7946), part of Lot 1 and part of the unnumbered triangular lot lying to the west of Lot 1 and part of the unnumbered triangular lot lying to the rear of Lot 1 on the south side of Currier Lane, all according to said regi- stered plan No. 3922, together with part of the Ordnance Lands, being part of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, and designated as PART 28 on a reference plan deposited in the said Registry Office as No. 5R-5557. Reserving thereout and therefrom a watermain easement, in, along and under part of the Ordnance Lands, being part of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, and designated as PART 30 on a reference plan deposited in the said Registry Office as No. 5R-5557. Fourthly - Part of the Ashery Lot, part of Mosgrove Street (closed by By-Law No. 7469 registered in the said Registry Office as Inst. No. 207861 (Firstly)), parts of Lot 4 on the east side of Mosgrove Street, part of Turgeon Lane (formerly Mill Lane closed by By-Law No. 6583, registered in the said Registry Office as Inst. No. 196026), part of Lots 7 and 8 on the east side of Turgeon Lane (formerly Mill Lane), all of Lots 6 and 7 and part of Lots 3, 4 and 8 on the west side of Nicholas Street, part of Lot i on the north side of Court Street (formerly Albert Street), part of Court Street (formerly Albert Street closed by By-Law Nos. 2254 and 2264, registered in the said Registry Office as Inst. No. 69370, and by By-Law No. 30-69, registered in the said Registry Office as Inst. No. 555007), all of Lots 67 to 72, both inclusive, on the south side of Court Street (formerly Albert Street), part of Lots 67 to 72, both inclusive, on the north side of Wilbrod Street (formerly Slater Street), all according to said registered plan No- 3922, together with part of the Ordnance Lands being part of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, and designated as PARTS 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 37, 38, 39 and 40 on said reference plan No- 5R-5671; Reserving thereout and therefrom a sewer tunnel ease- ment in, along and under part of the Ordnance Lands, being part of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, and designated as PARTS 41, 42, 44, 59, 60, 62, 63, 64 and 79 on said reference plan No. 5R-5557. Reserving thereout and therefrom a watermain easement in, along and under part of Lot 8 on the west side of Nicholas Street, part of Lots 67 to 72, both inclusive, on the north side of Wilbrod Street (formerly Slater Street), part of Lots 69, 70 and 71 on the south side of Court Street (formerly Albert Street), according to said registered plan No. 3922, together with part of the Ordnance Lands, being part of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, and designated as PARTS 42, 43, 47, 48, 49, 52, 55, 60/ 61, 62, 64 and 68 on said reference plan No. 5R-5557. Subject to a Bell Canada easement registered in the said Registry Office as Inst. No. 589377 over those portions of the said lands designated as pXrTS 49, 50, 53 and 75 on said reference plan No. 5R-5557. Fifthly - The air space and all rights therein, over and above those portions of the unnumbered triangular lot lying to the rear of Lot 1 and the unnumbered lots lying to the rear of Lots 2, 3 and 4, all on the south side of Currier Lane, part of the Tannery Lot, part of the Ashery Lot, part of Mosgrove Street (closed by By-Law No. 7469 registered in the said Registry Office as Inst. No. 20786 (Firstly)), part of Lots 3 and 4 on the east side of Mosgrove Street, part of Lot 3 on the west side of Turgeon Lane (formerly Mill Lane), part of Turgeon Lane (formerly Mill Lane, closed by By-Law No. 6583, registered in the said Registry Office as Inst. No. 196026), part of Lots 8 and 9 on the east side of Turgeon Lane (formerly Mill Lane), all according to said registered plan No. 3922, together with parts of the Ordnance Lands being parts of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, and which air space is designated as PARTS 17, 18, 19, 20, 21, 22 and 35 on said reference plan No. 5R-5671. Sixthly - Part of the Ordnance Lands, being part of Lot 'C, Concession 'C, Rideau Front, Township of Nepean, now in the said City of Ottawa, lying on the north side of Besserer Street (formerly St. Paul Street), according to said registered plan No. 3922, and designated as PARTS 1 and 2 on a reference plan deposited in the said Registry Office as No. 5R-5725. Seventhly - All of Lot 9 and the west half of Lot 10 on the south side of Rideau Street, all of Lot 9 and the west half of Lot 10 on the north side of Besserer Street (formerly St. Paul Street), according to a plan of subdivision registered in the Registry Office for the Registry Division of Ottawa-Carleton (No. 5) as No. 3922, and designated as PART 11 on a reference plan deposited in the said Registry Office as No. 5R-5671; Subject to a right-of-way at all times, for all persons entitled thereto, over, along and upon that portion of the said west half of Lot 10, south Rideau Street and the said west half of Lot 10, north Besserer Street (formerly St. Paul Street) , designated as PART 67 on a reference plan deposited in the said Registry Office as No. 5R-5557. Together with a right-of-way at all times in common with others entitled thereto, over, along and upon a strip of land being part of the east half of said Lot 10, south Rideau Street and part of the east half of said Lot 10, north Besserer Street (formerly St. Paul Street), described as follows: Commencing at the southwesterly angle of the east half of said Lot 10, north Besserer Street (formerly St. Paul Street), Thence northerly along the division line between the east and west halves of the said lot and along the division line between the east and west halves of said Lot 10, south Rideau Street, in all a distance of 37.29 metres; Thence easterly and parallel with the southerly limit of said Lot 10, north Besserer Street (formerly St. Paul Street), a distance of 1.37 metres; Thence southerly in a straight line, a distance of 37.29 metres to a point in the southerly limit of said Lot 10, north Besserer Street (formerly St. Paul Street), distant 1.37 metres measured easterly thereon from the said south-westerly angle of the east half thereof; Thence westerly along the southerly limit of said Lot 10, a distance of 1.37 metres to the said point of commencement. Subject to the conditions of a party wall agreement as set out in an instrument registered in the said Registry Office as No. 172503. TJ o H 5' K o w EL ffl C/5 o n Z S" ,►-< C/) '< H 'z^ W o W l-< t-i <— 1 HH c Z C/! o 00 a. S 0r<5 O 00 >3 a s 0^5 > c c ':3 OTQ o n '-t ^' 05 OTQ o fD •-+> o l-t- 5' 03 ta 3 ^ p o 5" Qfq BILL 106 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Legislative Assembly Act Mr. Breaugh TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to prevent persons from bringing firearms into the Chamber without the Speaker's authorization. BILL 106 1982 An Act to amend the Legislative Assembly Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Subsection 45 (1) of the Legislative Assembly Act, being chapter *^'*5<^)' 235 of the Revised Statutes of Ontario, 1980, is amended by adding thereto the following paragraph: 12. Bringing or possessing a firearm within the Chamber, Bringing ,,.,,,. ,, . . , , , . . firearms into mcludmg the public galleries, without the authorization Chamber of the Speaker. 2. This Act comes into force on the day it receives Royal Assent. Commence- ■^ -^ ment 3. The short title of this Act is the Legislative Assembly Amendment ^^^^^ '"'^^ Act, 1982. ta ^ >* r^. ^ ro CTi w s w <3- > i:^ d X o Co K ex. 0^ Co ^ 'M. t— » cr P> R. ^*. H-* s vO CK, t^ > w' 3 > o <' ^-^ rt> r^ > V O CD 3 3 a; a '< (— ^ cr > BILL 107 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act respecting French Language Services in Ontario Mr. Roy TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note This Bill places a duty on the Government of Ontario to provide, as of right, public services in the French language to the citizens of Ontario subject to certain conditions set out in the Bill. The Bill also establishes the office of the French Language Services Co-ordinator and the Language Services Board to aid in improving the availability of French language services in Ontario. Note Explicative Ce projet de loi fait obligation au gouvernement de I'Ontario d'assurer, de droit, des services publics en frangais aux citoyens de I'Ontario, sous reserve de certaines conditions enoncees dans le texte. Ce projet de loi etablit aussi le poste de toordonnateur des services en langue frangaise ainsi que le Conseil des services en langue frangaise aux fins d'ameliorer la disponibilite de services en langue frangaise en Ontario. BILL 107 1982 An Act respecting French Language Services in Ontario WHEREAS the French language is an historic, honoured Preamble and constitutional language of Canada, and whereas there is need to give legal definition to the rights of citizens to have Ontario Government services provided in French ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. In this Act, S^f^^r- (a) "Board" means the Language Services Board estab- lished under section 5 ; (b) "Co-ordinator" means the French Language Ser- vices Co-ordinator appointed under section 6 ; (c) "Government of Ontario" includes every board, commission, corporation and agency thereof. 2. Subject to section 7, the Government of Ontario shall ^"provide"* ensure the provision of educational, judicial, health, social, French '^ .... language municipal and other public services in Ontario in the French services language in accordance with this Act and with recommenda- tions contained in the report of the Language Services Board or a report of the Co-ordinator of French Language Services. 3. The Enghsh and French languages may be used by any Allemwy^^ person in any proceedings of the Legislative Assembly or a committee thereof, and the Order Papers, Votes and Pro- ceedings, records and reports of the Assembly or any com- mittee thereof may be printed in both the Enghsh and French languages, and any Bill or motion may be introduced in both the English and French languages, and any Act of the Legislative Assembly may be printed and published in both the Enghsh and French languages. statutes 4. — (1) Subject to sections 6 and 7, the Acts designated by the Co-ordinator of French Language Services shall be printed and published in English and French and the annual Statutes of Ontario shall be printed and published in English and French. statutes (2) Any regulation, proclamation or notice issued in Ontario may be issued in both English and French and where a regulation, proclamation or notice is issued in both languages and is required to be printed in The Ontario Gazette, the regulation, proclamation or notice shall be published accordingly in both languages. Language Services Board 5. — (1) The Language Services Board is hereby established and shall be composed of the Co-ordinator of French Language Services, the Chairman of the Civil Service Commission and three members appointed by the Lieutenant Governor in Council of whom at least two shall be persons who are not members of the public service at the time of appointment. Chairman (2) The Lieutenant Governor in Council shall appoint one of the members of the Board as chairman who shall be a person capable of speaking and understanding the English and French languages. Term of office Duties (3) The members of the Board shall be appointed to hold office for a term of one year commencing on the day of the appointment of the chairman and the Board is terminated on the day on which the terms of office expire. (4) The Language Services Board shall, [a) review the availability of French language services in all parts of Ontario; [h) recommend and designate areas of the Province of Ontario in which government services shall be provided in both English and French ; (c) recommend the extent to which French language services should be provided in those parts of the Province of Ontario not designated under clause (6); [d) recommend a time schedule for implementing the recommendations in clauses {b) and (c), and the Board shall report its findings and recommendations to the Premier before the day on which the Board is terminated and the Premier shall forthwith lay the report before the Assembly if it is in session or, if not, at the commencement of the next ensuing session. 6. — (1) A Co-ordinator of French Language Services shall nator'of be appointed bv the Lieutenant Governor in Council who French shall have the rank of Deputy Minister and who shall be services responsible for supervising and co-ordinating the provision of French Language Services in Ontario. (2) A French Language Services Committee is hereby Lan^ua e established to be composed of one representative from each services -,.. ri/^ -iT^ IT Committee Ministry of the Government to assist the rrench Language Services Co-ordinator in carrying out his duties under this Act. (3) The Co-ordinator after the close of each calendar year Q°^°r^g^' shall submit to the Premier an annual report containing an report assessment of the availability of French language services in Ontario and any recommendations the Co-ordinator may feel are desirable in order to extend or improve the availability of French language services in Ontario and the Premier shall forthwith lay the report before the Assembly if it is in session or, if not, at the commencement of the next ensuing session. 7. — (1) The Government shall implement all recommenda- ^tatement^ tions contained in the report of the Language Services Board or a report of the Co-ordinator unless within six months of the day that the report of the Board or Co-ordinator is submitted to the Premier, the Government lays before the Assembly a statement of intention indicating the recommenda- tions which the Government does not intend to implement. (2) The report of the Board, every report of the Co-ordinator Qo^^^^feg and every statement of intention stands permanently referred to a Standing Committee of the Legislature. for the purposes of examination and review and the Committee shall, at least once in every five year period, review and make recommendations con- cerning amendments to the Act or changes in administrative procedures designed to improve the availability of French lan- guage services in Ontario. 8. — (1) Nothing in this Act shall be construed as author- saving ing a reduction in the availabihty of French language services existing on the day this Act comes into force. (2) Nothing in this Act shall be construed to prohibit the idem Government from providing French language services where the provision of such services has not been recommended or considered by the Language Services Board or the Co- ordinator. Courts R-S-O. 1980, c. 223 (3) Court proceedings and hearings shall be conducted in the French language in accordance with the Judicature Act as amended from time to time. Commence- ment 9. This Act comes into force on the day it receives Royal Assent. Short title 10. The short title of this Act is the Ontario French Language Services Act, 1982. PROJECT DE LOI 107 1982 Loi concernant les services assures en fran^ais en Ontario ATTENDU le role privilegie que I'histoire et la constitution du Pr^ambuie Canada reconnaissent a la langue frangaise et attendu que la loi doit sanctionner le droit des citoyens a ce que les services du gouvernement de I'Ontario soient assures en frangais, Sa Majeste, sur I'avis et du consentement de I'Assemblee legis- lative de la province de TOntario, edicte ce qui suit: 1 Dans la presente loi, Definitions "Conseil" designe le Conseil des services en langue frangaise etabli par I'article 5; "Coordonnateur" designe le Coordonnateur des servi- ces en langue frangaise nomme en vertu de Particle 6; "Gouvernement de I'Ontario" comprend tout conseil, toute commission, societe et tout organisme du gouver- nement de I'Ontario. 2 Sous reserve de I'article 7, le gouvernement de I'Ontario Prestation parte , . , J ^.. ..... . ^ , ... gouvernement de assure les services educatifs, judiciaires, de sante publique, so- services en langue ciaux, municipaux et les autres services publics en frangais dans ff^neaise la province conformement a la presente loi et aux recommanda- tions du rapport du Conseil des services en langue frangaise ou d'un rapport du Coordonnateur des services en langue fran- gaise. 3 Quiconque peut employer I'anglais et le frangais dans tou- tes deliberations de I'Assemblee legislative ou d'un de ses'comi- tes et les feuilletons, proces-verbaux, comptes rendus et rap- ports de I'Assemblee ou d'un de ses comites peuvent etre imprimes en anglais et en frangais, et tout projet de loi ou toute motion peuvent etre presentes en anglais et en frangais et toute loi de I'Assemblee legislative peut etre imprimee et publiee en anglais et en frangais. Assembl^e legis- lative 4 (1) Sous reserve des articles 6 et 7, les lois designes par le ^'^'"'^ Coordonnateur des services en langue frangaise sont imprimes et publies en anglais et en frangais et les Statuts annuels de I'Ontario sont imprimes et publies en anglais et en frangais. (2) Tout reglement, toute proclamation ou tout avis emis en Ontario peuvent I'etre en anglais et en fran9ais et, si un regle- ment, une proclamation ou un avis sont emis dans les deux lan- gues et doivent etre publics dans V Ontario Gazette, le regle- ment, la proclamation ou I'avis sont publics dans les deux langues. Conseil des servi- ces en langue fran^aise 5 (1) II est etabli un Conseil des services en langue fran^aise compose du Coordonnateur des services en langue frangaise, du president de la Commission de la fonction publique et de trois membres nommes par le lieutenant-gouverneur en conseil, dont deux au moins ne font pas partie de la fonction publique au mo- ment de leur nomination. President ^2) Lc licutenant-gouvemeur en conseil nomme a titre de president un des membres du Conseil qui parle et comprend I'anglais et le fran^ais. ^^^^^^ (3) Les membres du Conseil sont nommes pour un an a compter du jour de la nomination du president et le Conseil est dissous le jour oij les mandats expirent. Fonctions (^4) Lg Conscil dcs services en langue frangaise a) examine la disponibilite des services en langue fran^aise dans toutes les regions de la province; b) recommande et designe des regions de la province ou les services gouvernementaux doivent etre assures en anglais et en frangais; c) recommande la mesure dans laquelle des services en langue frangaise devraient etre assures dans les regions de la province qui ne sont pas designees aux termes de I'alineab); d) recommande un programme d'application des recom- mandations visees par les alineas b) et c) et fait rapport de ses conclusions et recommandations au Premier mi- nistre avant sa dissolution et le Premier ministre depose le rapport a I'Assemblee sans delai, si elle est en session ou, sinon, au commencement de la session suivante. Coordonnateur 6 (1) Lc Heutenant-gouvemeur en conseil nomme un Coor- des services en^' . '-^ . . langue fransaise donnatcur dcs scrviccs cn langue frangaise qui a le rang de sous- ministre et a pour fonction de surveiller et de coordonner la prestation de services en langue fran^aise en Ontario. (2) II est etabli un Comite des services en langue frangaise Comit6 des servi- ces en langue ri, , ..V 'J?- fransaise composc d un rcprcscntant de chaque mmistere et charge d ai- der le Coordonnateur des services en langue fran^aise a s'ac- quitter des fonctions que lui attribue la loi. (3) A la fin de chaque annee civile, le Coordonnateur pre- Rappon du coor- _ . . . 1 /• donnateur sente au Premier ministre un rapport annuel reniermant une evaluation de la disponibilite des services en langue frangaise dans la province et les recommandations du Coordonnateur afin d'en accroitre ou ameliorer la disponibilite. Le Premier ministre depose le rapport a I'Assemblee sans delai, si elle est en session ou, sinon, au commencement de la session suivante. Declaration d'in- tention 7 (1) Le gouvernement applique toutes les recommandations formulees dans le rapport du Conseil des services en langue frangaise ou dans un rapport du Coordonnateur, sauf si, dans les six mois a partir du jour ou le rapport du Conseil ou du Coordonnateur est presente au Premier ministre, le gouverne- ment depose a I'Assemblee une declaration d'intention indi- quant les recommandations que le gouvernement n'entend pas appliquer. (2) Le rapport du Conseil, chaque rapport du Coordonna- comite perma- teur et chaque declaration d'intention relevent en permanence d'un Comite permanent de la Legislature qui les examine et les etudie et le Comite, au moins une fois tous les cinq ans, recom- mande les modifications a apporter a la loi ou aux procedures administratives afin d'ameliorer la disponibilite des services en langue frangaise en Ontario. 8 (1) Rien dans la presente loi ne doit s'interpreter comme Restriction permettant de reduire la disponibilite de services en langue frangaise existant le jour de son entree en vigueur. (2) Rien dans la presente loi ne doit s'interpreter comme em- idem pechant le gouvernement d'assurer des services en langue fran- gaise la oii le Conseil des services en langue frangaise ou le Coordonnateur n'en ont pas recommande ou examine la presta- tion. (3) Les poursuites et audiences devant les tribunaux ont lieu Tribunaux en frangais conformement a la Loi sur V organisation judiciaire R so. iqso, modifiee de temps a autre. 9 La loi entre en vigueur le jour oii elle regoit la sanction Emrde en vigueur royale. 1 0 Le titre abrege de la loi est Loi de 1982 sur les services en Titreabr^ge langue frangaise en Ontario. Co bo ?0 o ft- a- S 0^ a PL s 0^ u> >-^ v: 05 H-' >3 l-^ «> O' a S" 1—' §■ O C«l ^ s > 5- t-^ > ^ P n J; GTQ "o o o fD BILL 108 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Ontario New Home Warranties Plan Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill would entitle a new home purchaser to hold back up to $3,000 from the purchase price of the home to cover unfinished work. BILL 108 1982 An Act to amend the Ontario New Home Warranties Plan Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . The Ontario New Home Warranties Plan Act, being chapter 350 of ^^,^1"^ the Revised Statutes of Ontario, 1980, is amended by adding thereto the following section: 17a. — (1) Every agreement between a vendor and a prospec- ^"p^yg^'^'^ tive owner shall be deemed to contain a provision entitling the unfinished prospective owner to pay up to $3,000 of the purchase price to the ^"'"'^ prospective owner's solicitor, to be held in trust for the parties and to be, (a) released to the vendor when all work on the home is completed; or ib) applied in payment or on account of damages incurred by the owner in respect of unfinished work on the home. (2) The Corporation shall, upon the request of an owner or o/'^|5''u[g3" vendor, conciliate any dispute between the owner and the vendor with respect to the completion of work on the home and the disbursement of the holdback under subsection (1). 2. This Act comes into force on the day it receives Royal Assent. Commence- •' •' ment 3. The short title of this Act is the Ontario New Home Warranties ^'^°'^* '"'^ Plan Amendment Act, 1982. Pi to X 0^5 0^5 1^ Co Oo >3 1-1- «i tr a ?:i- ^*. I— ^ s o 0^ o 3 r+ P ►-<_ o' z n> > ^ 3 o > o r-r- 3 n> o fa 3 3 &3 O- 3 ^-^ &■ fS" rt> C/5 1-9 p" 3 BILL 109 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Legislative Assembly Retirement Allowances Act The Hon. T. L. Wells Minister of Intergovernmental Affairs TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes SECTION 1. Section 11 of the Act (in Part I) provides for spouse's allow- ances. The section is re-enacted to provide benefits similar to those provided by section 19 in Part II of the Act. Section 4 of the Act states that Part I applies to a person who was a member of the Assembly on the 1st day of October, 1973 and a person who was a member before such date, but does not apply to a member who has elected to contribute under Part II. The re-enacted section 11 is deemed to have come into force on the 12th day of July, 1977, the day that a similar amendment to section 19 (in Part II of the Act) came into force. BILL 109 1982 An Act to amend the Legislative Assembly Retirement Allowances Act H follows: ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as 1. Section 11 of the Legislative Assembly Retirement Allowances Act, s ii, being chapter 236 of the Revised Statutes of Ontario, 1980, is repealed and the following substituted therefor: 11. — (1) Where a former member who is receiving an allow- Spouse's ance dies leaving a spouse, the spouse shall be paid during his or her lifetime an allowance equal to, {a) 60 per cent of the allowance that the former member was receiving at the date of his or her death; and (b) in respect of each child under the age of eighteen years, to a maximum of three children of the former member, 10 per cent of the allowance that the former member was receiving at the date of his or her death. (2) Where a member dies. Computation of allowance (a) leaving a spouse, the spouse shall be paid during his or her lifetime an allowance equal to the greater of, (i) an amount equal to 25 per cent of the annual indemnity of the member in effect immediately before his or her death, or (ii) an amount equal to, A. 60 per cent of the allowance that the member had earned to the date of his or her death, and B. in respect of each of not more than three children of the member under the age of eighteen years, 10 per cent of the allow- ance that the member had earned to the date of his or her death. computed in the manner provided in section 6 or 9, as the case may be, but based on the member's service to the time of his or her death, and where the spouse dies leaving a child or children of the former member who at the date of the death of the spouse is or are under the age of eighteen years, an allowance equal to that paid or that would be paid to the spouse shall be paid to or for the child or children until such age is attained; or ib) leaving no spouse but leaving a child or children under the age of eighteen years, an allowance equal to the allowance that would have been paid to the spouse of the member under clause (a) if the spouse had survived the member shall be paid to or for the child or children until such age is attained. Option (3) The spouse, (a) of a person who had elected under section 6 or 9 to take a deferred allowance at age fifty-five but who died before attaining such age; ib) of a person who was eligible to make an election to take a deferred or an immediate allowance under section 6 or 9 but died before making the election, at any time may elect to take a deferred allowance, in which case, commencing on the day that the person would have attained the age of fifty-five had he or she lived, the spouse shall be paid during his or her lifetime an allowance equal to, (c) 60 per cent of the allowance to which the person would have been entitled at that time; and id) in respect of each child under the age of eighteen years, to a maximum of three children of the person, 10 per cent of the allowance to which the person would have been entitled at that time, or may elect to take an immediate allowance, in which case the spouse shall be paid during his or her lifetime an allowance equal to the amount calculated in accordance with clauses (c) and (d) reduced actuarially in accordance with the tables prescribed by the regulations, which the person would have been entitled to receive at the time of the spouse's election. Idem (4) Where a person referred to in clause (3) (a) or (b) dies leaving no spouse but leaving a child or children under the age of eighteen years, an allowance equal to the immediate allowance provided for in subsection (3), reduced actuarially in accordance Section 2. Clause 14 (a) of the Act (in Part II) defines "average annual remuneration". Subclause (ii) of the definition is amended to refer to thirty-six months instead of three fiscal years as the basis for calculations. Section 3. Clause 32 (b) of the Act provides for prescribing tables by regulation. The amendment is complementary to the re-enactment of section 11. with the tables prescribed by the regulations for the purposes of subsection (3), shall be paid to or for the child or children until such age is attained. (5) For the purposes of this section, a person who has attained Exception the age of eighteen years but has not attained the age of twenty- education five years and who is in full-time attendance at a school, college, university or other institution that is recognized by the Board of Internal Economy for the purposes of this section as a place of higher education shall be deemed not to have attained the age of eighteen years. 2. — (1) Subclause 14 (a) (ii) of the said Act is amended, s. u (a) (ii), amended (a) by striking out "three fiscal years" in the fifth line and inserting in lieu thereof "thirty-six months"; and (b) by striking out "years" where it occurs the second time in the fifth line and inserting in lieu thereof "months". (2) Subclause 14 (a) (ii) of the said Act, as amended by subsec- Application tion (1), does not apply in respect of a person who became or who as amended becomes entitled to an allowance under the said Act before the day this section comes into force. 3. Clause 32 (b) of the said Act is amended by inserting after "subsec- s. 32 (/>), tion 9 (4)" in the second line "section 11". ^'"^" ^ 4. — (1) This Act, except section 1, comes into force on the day it Commence- receives Royal Assent. (2) Section 1 shall be deemed to have come into force on the 12th if'em day of July, 1977. 5. The short title of this Act is the Legislative Assembly Retirement short title Allowances Amendment Act, 1982. bo H o 1-h 1— 1 3 ffi o 1-1 z Orq O <: H n 3 p 3 ^ 3 M S' r =^ f a, 0^ 0^ B3 Co 4^ B" » f5« ?^. H^ s vO OrCl ^ > cr > 3 n 3 3 a !-► > 3- o' r ^ Qrq_ P 3 t/i n B" fD en <' > n BILL 110 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Occupational Health and Safety Act The Hon. R. H. Ramsay Minister of Labour TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes Section 1. The proposed re-enactment of subsection 21 (3) clarifies the appHcation of subsections 21(1) and (2). The proposed subsection 21 (4) provides a method of resolving disputes as to whether or not an agent is a new biological or chemical agent or combination of such agents. The proposed subsection 21 (5) authorizes the Minister to make orders for the purposes of subsection 21 (3) and will have the effect of confirming an existing order made under subsection 2 1 (3). Section 2. The proposed re-enactment of section 22 clarifies the "notice and comment" procedures to be followed with respect to the making of regula- tions related to designated substances. At present, section 22 applies only to regulations made under paragraph 14 of subsection 41 (2) of the Act. The re- enactment extends the application of section 22 to regulations made under both paragraphs 14 and 15 of subsection 41 (2). Section 3. Self-explanatory. BILL 110 1982 An Act to amend the Occupational Health and Safety Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Subsection 2 1 (3) of the Occupational Health and Safety Act, being * ^^ <^)' chapter 321 of the Revised Statutes of Ontario, 1980, is repealed and the following substituted therefor: (3) Subsection (1) does not apply to. Application (a) agents, whether in combination or not, used in one or more work places in Ontario on or before the 1st day of October, 1979; or (b) agents, whether in combination or not, mentioned in an inventory compiled or adopted by order of the Minister. (4) Where a dispute arises as to the application of this section, orders of a Director may investigate the matter and issue an order direct- ing compliance therewith, and subsections 20 (4) to (7) and (9) to (12) apply, with all necessary modifications, to such order. (5) The Minister has, and shall be deemed always to have Minister's had, the power to compile or adopt, by order, one or more inventories for the purposes of subsection (3). 2. Section 22 of the said Act is repealed and the following substituted ^ ^^' ^ "^ ° re-enacted therefor: 22. — (1) Where a regulation is to be made prescribing a Designation biological, chemical or physical agent or combination thereof as a substances designated substance and prohibiting, regulating, restricting, limiting or controlling the handling of, exposure to, or the use and disposal thereof, the Minister shall publish in The Ontario Gazette a notice, setting forth the proposed regulation and calling for comments, briefs or submissions thereon to be filed in writing with the Minister within sixty days of the publication of the notice or within such longer period as the Minister may specify in the notice. Making of regulation (2) Upon expiry of the period allowed for the filing of briefs, comments and submissions under subsection (1), the Lieutenant Governor in Council may make the regulation with or without amendments. Publication not required R.S.O. 1980, c. 446 (3) Where a regulation is made under subsection (2) with amendments, the regulation need not be republished under sub- section (1) but shall be deposited with the chairman or vice- chairman of the Advisory Council on Occupational Health and Occupational Safety and shall not be filed under the Regulations Act until at least thirty days have elapsed after notice of the depositing is published in The Ontario Gazette. Amending regulations Saving R.S.O. 1980, c. 321 (4) Subsections (1) to (3) apply to every regulation that amends or repeals a regulation that has been made in accordance with subsection (2). 3. A regulation to which section 22 of the Occupational Health and Safety Act applied, as that section read immediately prior to the coming into force of this Act, shall not be adjudged defective or invalid by reason of the fact that the regulation as made is not the same as the proposed regulation as published under clause (b) of that section. Commence- ment Short title 4. This Act comes into force on the day it receives Royal Assent. 5. The short title of this Act is the Occupational Health and Safety Amendment Act, 1982. 3 tw H X M ffi O > 0^5 0^ o C •a w r-t- > o" 3 3 £- > o O W ? 3 V re 3 3 a CL C/5 3" B3 CD i-h fti r+ << > BILL 111 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to authorize the Raising of Money on the Credit of the Consolidated Revenue Fund The Hon. F. S. Miller Treasurer of Ontario and Minister of Economics TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to provide authority for borrowing moneys for the Consolidated Revenue Fund. The principal borrowings authorized by Ontario Loan Acts in recent years have been: 1. Borrowings from the Canada Pension Plan 2. The Ontario Treasury Bill program 3. CMHC Waste Control Loans 4. Federal-Provincial-Municipal Loan programs. The amount of $2.25 billion authorized by the Bill is intended to cover the following estimated borrowing requirements: 1. Canada Pension Plan borrowings 2. Teachers' Superannuation Fund borrowings. The Bill provides that any unused borrowing authority will expire on Sep- tember 30, 1983. BILL 111 1982 An Act to authorize the Raising of Money on the Credit of the Consolidated Revenue Fund HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) The Lieutenant Governor in Council is hereby Loans up to authorized to raise from time to time by way of loan in any manner provided by the Financial Administration Act such sum ^^^ or sums of money as are considered necessary for discharging any c. i6i indebtness or obligation of Ontario, for making any payments authorized or required by any Act to be made out of the Consoli- dated Revenue Fund or for reimbursing the Consolidated Revenue Fund for any moneys expended for any of such pur- poses, provided that the principal amount of any securities issued and temporary loans raised under the authority of this Act shall not exceed in the aggregate $2,250,000,000. (2) The sum of money authorized to be raised by subsection (1) Wem for the purposes mentioned therein shall include the principal amounts of Province of Ontario debentures issued to the Teachers' Superannuation Fund under authority of the Teachers' R s.o. i980, Superannuation Act and to the Ontario Municipal Employees '^'^' Retirement Fund under authority of the Ontario Municipal Employees Retirement System Act, but shall be in addition to all sums of money authorized to be raised by way of loan under any other Act. 2. No money shall be raised by way of loan under subsection Limitation 1 (1) except to the extent authorized by order of the Lieutenant Governor in Council made prior to the 30th day of September, 1983. 3. This Act comes mto force on the day it receives Royal Commence- ment ;sent. 4. The short title of this Act is the Ontario Loan Act, 1982. Short title 3 Go HH ^ X &3 r-f- o i-i i-< Z o O <->% i-h r^ w o o 3 CO o rl- 3 O &5 g 3 o' p o' &3 r' Cfi 3 w O- w Pi. 0^5 vO orq o N** o i-t> 3 o 3 g > O o 3 o 3t fD O CLv: &3 r-l- n O 3 03 5C o n) < N n 3 n r^ C a 3' (T) n ^ o ^ 3 i-h 05_ a 5' QTQ BILL 111 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to authorize the Raising of Money on the Credit of the Consolidated Revenue Fund The Hon. F. S. Miller Treasurer of Ontario and Minister of Economics TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 111 1982 An Act to authorize the Raising of Money on the Credit of the Consolidated Revenue Fund HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) The Lieutenant Governor in Council is hereby Loans up to , authorized to raise from time to time by way of loan in any manner provided by the Financial Administration Act such sum j^ ^ ^ or sums of money as are considered necessary for discharging any c. i6i indebtness or obligation of Ontario, for making any payments authorized or required by any Act to be made out of the Consoli- dated Revenue Fund or for reimbursing the Consolidated Revenue Fund for any moneys expended for any of such pur- poses, provided that the principal amount of any securities issued and temporary loans raised under the authority of this Act shall not exceed in the aggregate $2,250,000,000. (2) The sum of money authorized to be raised by subsection (1) Wem for the purposes mentioned therein shall include the principal amounts of Province of Ontario debentures issued to the Teachers' Superannuation Fund under authority of the Teachers' R so. i980, Superannuation Act and to the Ontario Municipal Employees '^^ Retirement Fund under authority of the Ontario Municipal Employees Retirement System Act, but shall be in addition to all sums of money authorized to be raised by way of loan under any other Act. 2. No money shall be raised by way of loan under subsection Limitation 1 (1) except to the extent authorized by order of the Lieutenant Governor in Council made prior to the 30th day of September, 1983. 3. This Act comes into force on the day it receives Royal Commence- . ment Assent. 4. The short title of this Act is the Ontario Loan Act, 1982. Short title H H g CD K in' »3 w ffi o l-< i-« z O O H-h i-h ^ w o o 3 CA) o 3 o ST g 3. o' P n p t-^ C/l 3 W a w 3 o 00 Pi- 3 a 00 &3 ^ :^ ^^ ?5 o 00 0^ o > g o HI o 3 w 3- o •-< ft) < n N n 3 H) r~^ C & 3' ft> ft) ^ o W 3 1-^ O- 3- 3' orq BILL 112 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Tobacco Tax Act The Hon. G. L. Ashe Minister of Revenue TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes General The Bill enacts proposals in the Treasurer's Budget, (a) to increase the rate of tax on tobacco products to 40 per cent of the taxable price per cigarette or gram of tobacco; 0) to increase the maximum compensation payable to wholesale dealers with respect to their collection and remittance of tax to $2,000; and (c) to provide an allowance in respect of tobacco loss due to undetermined causes not greater than . 1 per cent of the amount of tax collected and remitted by a designated collector. In addition to these changes, an administrative change is proposed that will clarify the responsibility of the assignee of the book debts of a collector in respect of the tax portion of the book debts received. Section 1. — Subsection 1. Subsection 2 (1) of the Act now reads as follows: (1) Every consumer shall pay to Her Majesty in right of Ontario a tax at the rate of, (a) 36 per cent of the taxable price per cigarette on every cigarette purchased by him; (b) 30 per cent of the taxable price per gram on every gram or part thereof of any tobacco, other than cigarettes or cigars, purchased by him; and (c) 45 per cent of the price at retail of every cigar that is purchased by him, provided that where the application of such rate of tax produces a fraction of a cent, the fraction shall be counted as one full cent, and until a taxable price per cigarette or taxable price per gram is prescribed by regulation by the Minister in accordance with this Act, every consumer shall pay to Her Majesty in right of Ontario a tax at the rate of, (d) 1.46 cents on every cigarette purchased by him; and (e) 0. 7 cents on every gram or part thereof of any tobacco, other than cigarettes or cigars, purchased by him. The amendment increases the rate of tax payable by consumers of tobacco products to 40 per cent of the taxable price per cigarette or 40 per cent of the taxable price per gram of tobacco, other than cigarettes or cigars, as determined from time to time by the Minister. Subsection 2. The Subsection proposed to be added provides that a person designated as agent of the Minister to collect and remit tax may not assign the tax portion of his book debts. Where an assignee of a collector's book debts collects those debts, he is required to collect and account for the tax portion of the debts. BILL 112 1982 An Act to amend the Tobacco Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . — (1) Subsection 2 (1) of the Tobacco Tax Act, being chapter 502 of ^^ \^^^^^^ the Revised Statutes of Ontario, 1980, as re-enacted by the Statutes of Ontario, 1981, chapter 4, section 2, is repealed and the following substituted therefor: (1) Every consumer shall pay to Her Majesty in right of '^^^^ Ontario a tax at the rate of, (a) 40 per cent of the taxable price per cigarette on every cigarette purchased by him; {b) 40 per cent of the taxable price per gram on every gram or part thereof of any tobacco, other than cigarettes or cigars, purchased by him; and (c) 45 per cent of the price at retail of every cigar that is purchased by him, provided that where the application of such rate of tax produces a fraction of a cent, the fraction shall be counted as one full cent. consumers (2) Section 2 of the said Act is amended by adding thereto the sj, following subsection: amended (5) Where a person designated a collector under this Act or the Assignment 1 • . • <- 1 • 1 1 1 1 1 1 of book regulations has made an assignment of his book debts, whether debts by way of specific or general assignment, or in any other manner disposes of his present or future right to collect his book debts, such assignment does not include that portion of the book debts that the collector, as agent for the Minister, charged the person to whom he sold the tobacco as tax under this Act, and any assignee or any other person who collects the book debts shall be deemed to be a collector under the Act and shall collect, remit and account under the Act and the regulations for the unassigned portion. s. 8 (3) (a), re-enacted 2. — (1) Clause 8 (3) (a) of the said Act is repealed and the following substituted therefor: (a) $2,000; or s. 8, amended Allowance for loss due to shrinkage Commence- ment Idem Idem Idem Short title (2) Section 8 of the said Act is amended by adding thereto the following subsection: (4) Where a collector designated under this Act or the regula- tions collects and transmits to the Treasurer the tax imposed by this Act, he may be paid an allowance in respect of loss of tobac- co due to undetermined causes not greater than . 1 per cent of the amount of tax so collected and transmitted and a collector may deduct such allowance from the amount otherwise to be trans- mitted to the Treasurer in accordance with this Act and the regulations. 3. — (1) This Act, except sections 1 and 2, comes into force on the day it receives Royal Assent. (2) Subsection 2 (1) shall be deemed to have come into force on the 1st day of April, 1982. (3) Section 1 shall be deemed to have come into force on the 14th day of May, 1982. (4) Subsection 2 (2) comes into force on the 1st day of June, 1982. 4. The short title of this Act is the Tobacco Tax Amendment Act, 1982. Section 2. — Subsection 1. The re-enactment of clause 8 (3) (a) of the Act increases the maximum compensation payable to wholesale dealers in respect of their collection and remittance of tax from $1,000 to $2,000. Subsection 2 . The subsection proposed to be added provides for the pay- ment of an allowance for tobacco loss due to undetermined causes not greater than . 1 per cent of the amount of tax collected and remitted by a designated collector. t» H g 5. ffi o n z o I-+1 P » rt> p < > c Cfl ni X a. ore. Pi 0^ »3 >i ^ ^ \0 Orq U> > a BILL 112 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Tobacco Tax Act The Hon. G. L. Ashe Minister of Revenue TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 112 1982 An Act to amend the Tobacco Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . — (1) Subsection 2 (1) of the Tobacco Tax Act, being chapter 502 of ^e-enacted the Revised Statutes of Ontario, 1980, as re-enacted by the Statutes of Ontario, 1981, chapter 4, section 2, is repealed and the following substituted therefor: consumers (1) Every consumer shall pay to Her Majesty in right of J„^^°" Ontario a tax at the rate of, (a) 40 per cent of the taxable price per cigarette on every cigarette purchased by him; (6) 40 per cent of the taxable price per gram on every gram or part thereof of any tobacco, other than cigarettes or cigars, purchased by him; and (c) 45 per cent of the price at retail of every cigar that is purchased by him, provided that where the application of such rate of tax produces a fraction of a cent, the fraction shall be counted as one full cent. (2) Section 2 of the said Act is amended by adding thereto the » 2, .,,.,,. amended folio wmg subsection: (5) Where a person designated a collector under this Act or the Assignment regulations has made an assignment of his book debts, whether debts by way of specific or general assignment, or in any other manner disposes of his present or future right to collect his book debts, such assignment does not include that portion of the book debts that the collector, as agent for the Minister, charged the person to whom he sold the tobacco as tax under this Act, and any assignee or any other person who collects the book debts shall be deemed to be a collector under the Act and shall collect, remit and account under the Act and the regulations for the unassigned portion. S. 8 (3) (o), re-enacted 2. — (1) Clause 8 (3) (a) of the said Act is repealed and the following substituted therefor: (a) $2,000; or S. 8, amended (2) Section 8 of the said Act is amended by adding thereto the following subsection: Allowance for loss due to shrinkage (4) Where a collector designated under this Act or the regula- tions collects and transmits to the Treasurer the tax imposed by this Act, he may be paid an allowance in respect of loss of tobac- co due to undetermined causes not greater than . 1 per cent of the amount of tax so collected and transmitted and a collector may deduct such allowance from the amount otherwise to be trans- mitted to the Treasurer in accordance with this Act and the regulations. Commence- ment Idem 3. — (1) This Act, except sections 1 and 2, comes into force on the day it receives Royal Assent. (2) Subsection 2 (1) shall be deemed to have come into force on the 1st day of April, 1982. Idem (3) Section 1 shall be deemed to have come into force on the 14th day of May, 1982. Idem (4) Subsection 2 (2) comes into force on the 1st day of June, 1982. Short title 4. The short title of this Act is the Tobacco Tax Amendment Act, 1982. H g 5 ffi o o I-+J p 5C fD r" < 3 > e c« n ffi 3 CD C 3 >i CT> 3 P ?i D- S- 1— ' s* H- ' vO 0^ vO 00 00 S fa- S 0^ 00 (T> > H 3 o > n w <-♦• o n o ? H 3 X 3 > O- BILL 113 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Provincial Land Tax Act The Hon. G. L. Ashe Minister of Revenue TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes General. The Bill implements the proposals in the Treasurer's Budget increasing the rate of provincial land tax payable on pipe lines situate in territory without municipal organization and also replaces the provincial land tax now imposed on land of a telephone or telegraph company situate in territory without municipal organization with a new annual tax of an amount equal to 5 per cent of the gross receipts of such companies from business carried on in territory without municipal organization. The Bill also provides for various housekeeping and administrative provi- sions, many of which are made to parallel provisions contained in the Assessment Act. Section l. — Subsection 1. Amends the definition of "land" to parallel the definition of that term contained in the Assessment Act. The subclauses to be repealed now read as follows: (c) "land" includes, (vi) the interest in land of a tenant or occupant, (vii) the interest of the holder of any licence, concession or contract under which there has been acquired from the Crown any right to be exercised in respect of, or over, or upon land. Subsection 2. The amendment to repeal the definition of "owner" con- tained in clause 1 (h) oi the Act is consequential on later amendments contained in the Bill which are made to parallel provisions contained in ihe Assessment Act, whereby both an owner and tenant of land receive notices of assessment but, only the owner receives a bill for tax. The definition of "owner" is replaced with a definition of "tenant" by subsection 1 (3) of the Bill. Clause 1 {h) now reads as follows: 1. In this Act, (h) "owner" includes a tenant or occupant and any person owning or enjoying an interest in land and the holder of any licence, con- cession or contract under which there had been acquired from the Crown any right to be exercised in respect of, or over, or upon land. The amendment also repeals the definition of "pipe line" and "pipe line company" contained in clauses 1 (j) and (k) of the Act. These definitions are re-inserted in a later provision which deals specifically with the assessment of pipe Unes. Subsection 3. The amendment adds a definition of "tenant" to parallel the definition of that term contained in the Assessment Act. The amendment is consequential on the repeal of the definition of "owner" provided for in subsection (2) of this section. A definition of "Treasurer" is added for the purposes of the re-enacted section 2 7 of the Act as set out in section 14 of the Bill. Section 2. The proposed amendment adds a paragraph exempting the real property of telephone and telegraph companies from provincial land tax as a result of the proposal contained in the Treasurer's Budget to impose a tax on the gross receipts of these companies. The tax on gross receipts is provided for in section 7 of the Bill. Section 3. The amendment provides that notices of assessment are to be sent to both the owner and tenant of land as is provided for in the Assessment Act . Subsection 5 (2) of the Act now reads: (2) The collector may at any time assess or amend the assessment of any land liable to asessment and taxation under this Act and shall forthwith notify the owner of the land of the assessment or the amendment. Section 4. The amendment is consequential on the amendment made in section 3 of the Bill which provides that both the owner and tenant of land are to receive notices of assessment. Section 6 of the Act now reads: 6. The collector shall keep a Provincial Land Tax Register in which shall be entered the name and address of every owner of land to which this Act applies, the amount of the assessment of the land and such other partic- ulars as the collector deems requisite. Section 5. The amendment removes the requirement that new owners and tenants must notify the collector of their interest in the land and provides that the collector may request information by way of a form in order to determine tax liability under the Act. Section 9 of the Act now reads: 9. — (1) Every person who becomes the owner of land situate in territory without municipal organization shall, within thirty days of becoming the owner of such land, notify the collector in writing giving his name and address, the name and address of the previous owner, a description of the land acquired, the purchase price paid where the land was purchased, or the rent paid where the land is rented, or the fee paid where the land is held under a licence. (2) Upon the erection or the placing upon, in, over, under or the affixing to land situate in territory without municipal organization of any building, structure, machinery, fixture or other improvement, the owner shall forthwith notify the collector in writing thereof. (3) The collector may at any time mail a form of return in the prescribed form to any owner of land to which this Act applies, and such owner shall complete and return it within thirty days from the date of mailing by the collector. Section 6. The amendment repeals the provisions relating to the assess- ment and taxation of pipe lines and provides that pipe lines will now be taxed at new rates which parallel those rates paid by pipe lines in municipalities. Section 10 of the Act now reads: 10. — (1) For the purpose of the tax under this Act, a pipe line or any part thereof situate in territory without municipal organization shall be deemed to be land to which this Act applies. (2) Notwithstanding any other provision of this Act but subject to subsec- tion (3), a pipe line shall be assessed for taxation purposes at the follow- ing rates: Size of Pipe Assessment per Foot of Length %" 1" lyr i'A" 2" and 214" 3" and 41/2' and 5%" and 6%" Nominal inside diameter $ .07 .09 .11 .13 .17 .46 .55 .83 .98 1.24 1.55 2.31 Size of Pipe Assessment per Foot of Length 14'.. 16" . . . Outs ide dian leter $ 2.34 2 3.S 18' 2 67 ?0' 2 96 ?.?." 3 25 24' 3 56 26' 3 69 28' 3 85 30' 4.03 32' 4.24 34' 4.46 36' 4 72 (3) A pipe line installed before 1940 shall be assessed for taxation at the rates set forth in subsection (2) but shall be depreciated up to the year 1940 at the rate of 2 per cent per annum of the assessed value of the pipe line, with a maximum depreciation of 50 per cent. (4) A pipe line installed during or after 1940 shall be assessed for taxation at the rates set forth in subsection (2), with no allowance for depreciation. (5) A pipe line removed from one location and re-installed in another loca- tion shall, where depreciation is applicable, continue to be depreciated in accordance with subsection (3) as though remaining in its original location. (6) A pipe line that has been abandoned in any year ceases to be liable for the tax effective with the year next following the year in which the pipe line was abandoned. (7) Where a pipe line is located on, in, under, along or across a highway or any lands, other than lands held in trust for a band or body of Indians, exempt from taxation under this or any special or general Act, the pipe line is nevertheless liable to assessment and taxation in accordance with this section. (8) Where a pipe line is placed on the boundary between land situate in territory without municipal organization and land situate in territory with municipal organization, or so near thereto as to be in some places on one side and in other places on the other side of the boundary line, such pipe line shall be assessed as if half of it were situate entirely within the former and half of it were situate entirely within the latter. (9) Land that is liable to the tax under this Act shall not have a lesser or greater assessment by reason of there being a pipe line located on, in, under, along or across it, nor shall it have a lesser or greater assessment by reason of the abandonment of the pipe line. Section 7. The amendment repeals the provisions of the Act relating to the assessment and taxation of telegraph and telephone lines and equipment situate in territory without municipal organization and provides for a new annual tax of an amount equal to 5 per cent of the total gross receipts of telephone and telegraph companies resulting from business carried on in territory without munici- pal organization. The new provision parallels provisions relating to the assess- ment and taxation of telephone and telegraph companies in municipalities. Provi- sions are also added to allow any telegraph or telephone company taxed under this section to dispute the amount of tax imposed by bringing an application to the Supreme Court of Ontario. Section 1 1 of the Act now reads: 11. — (1) For the purpose of the tax under this Act, a telephone line or part thereof, or a telegraph line or part therof, situate in territory without municipal organization shall be deemed to be land to which this Act applies. (2) Notwithstanding any other provision of this Act and subject to subsec- tions (3) and (6), a telephone line or part thereof shall be assessed for one circuit used for carrying messages and placed or strung on poles or other structures or in conduits, including such poles, structures and conduits, and in use on the 31st day of December next preceding the year for which the tax is payable, at the rate of $135 per mile, and for each additional circuit placed or strung on such poles or other structures or in such conduits, whether or not in use on such 31st day of December, at the rate of $7.50 per mile. (3) Where a telephone company does not operate generally throughout Ontario and is not authorized by statute tocarry on business throughout Ontario, notwithstanding any other provision of this Act but subject to subsection (6), its telephone lines shall be assessed for one circuit used for carrying messages and placed or strung on poles or other structures or in conduits, including such poles, structures and conduits, and in use by the company on the 31st day of December next preceding the year for which the tax is payable, at the rate of $50 per mile, and for each additional circuit placed or strung on such poles or other structures or in such conduits, whether or not in use by the company on such 31st day of December, at the rate of $7.50 per mile. (4) In computing the length of telephone circuits placed or strung on poles or other structures or in conduits, (a) a circuit that does not exceed twenty-five miles in length that is not used as a connecting circuit between two or more central exchange switchboards shall not be included; and (b) every circuit regardless of its length that connects two or more central exchange switchboards shall be included. (5) Notwithstanding any other provision of this Act but subject to subsec- tion (6), a telegraph line or part thereof shall be assessed a sum equal to $40 for every mile of length of one wire placed or strung on the poles or other structures or in conduits in use on the 31st day of December next preceding the year for which the tax is payable, and a sum equal to $5 per mile for each additional wire so placed or strung on such 31st day of December. (6) Notwithstanding any other provision of this Act, the telephone and telegraph plant, poles and wires of a railway company that are used in whole or in part for commercial purposes shall be assessed at $5 per mile in the manner hereinbefore mentioned. (7) In the computation of the length of telegraph wires and additional wires, the wires of all branch and loop lines that do not exceed twenty-five miles shall not be included. (8) In the measurement of such additional wires or circuits, the length of every telegraph wire and every telephone circuit placed or strung in cables or other combinations, and used or capable of being used as an independent means of conveying messages, shall be computed. (9) Where the poles, structures, conduits or wires of a telegraph or tele- phone company are placed on the boundary between land situate in territory without municipal organization and land situate in territory with municipal organization, or so near thereto as to be in some places on one side and in other places on the other side of the boundary line, such poles, structures, conduits or wires shall be assessed as if half of them were situate entirely within the former and half of them were situate entirely within the latter. (10) Every telegraph and telephone company doing business in Ontario shall, in respect of its wires and circuits in territory without municipal organi- zation, on or before the 1st day of March in each year, transmit to the collector a statement in writing showing, (a) the length in miles of one wire or of one circuit, as the case may be, placed or strung on poles or other structures or in conduits (including half on the boundaries of townships without munici- pal organization that adjoin townships with municipal organiza- tion) in use by the company in such townships on the 31st day of December next preceding the assessment, and the length in miles of additional wires or circuits, as the case may be, placed or strung on such poles or other structures or in such conduits (including half on the boundaries of townships without munici- pal organization that adjoin townships with municipal organiza- tion) whether or not in use by the company in such townships on the 31st day of December next preceding the assessment; and (b) the length in miles of one exempt wire or of one exempt circuit, as the case may br, placed or strung on poles or other structures or in conduits i including half on the boundaries of townships with- out municipal organization that adjoin townships with munici- pal organization) in use by the company in such townships on the 31st day of December next preceding the assessment, and the length in miles of additional exempt wires or circuits, as the case may be, placed or strung on such poles or other structures or in such conduits (including half on the boundaries of townships without municipal organization that adjoin townships with municipal organization) whether or not in use by the company in such townships on the 31st day of December next preceding the assessment. Section 8. The amendment clarifies that Provincial Land Tax is to be payable by the owner of the land and not by the tenant. Subsection 21 (1) of the Act now reads: (1) The tax under section 3 is payable annually at the appropriate prescribed rate upon the assessed value of the land. Section 9. — Subsection 1. The amendment incorporates a provision of the Assessment Act which defines "tenant" of Crown land. Clause 22 (2) (c) of the Act now reads: (c) "tenant" includes any person who uses land belonging to the Crown, as or for the purposes of, or in connection with, his residence, irrespective of the relationship between him and the Crown with respect to such use. Subsection 2. The amendment clarifies that any person who is assessed with respect to Crown land is liable to pay the taxes so assessed and that the interest of such person is subject to the special lien on land for taxes provided for in section 26 of the Act. Section 10. The first amendment clarifies that the tax bill mailed under section 23 of the Act is applicable to only the land tax imposed under section 3 of the Act. The second amendment is consequential on the repeal of the definition of "owner" by section 1 of the Bill. Subsection 23 (1) of the Act now reads: (1) Except as otherwise provided in this Act, the tax imposed by this Act shall be for the calendar year and becomes due and is payable on the 15th day of March in the year for which it is imposed, and a tax bill shall be mailed by the collector to every owner of land subject to taxation at his latest known address on or before the 15th day of February in the year for which the tax is payable. Section 11. The amendment increases from 5 to 10 per cent the penalty which is payable on unpaid tax and provides that the minimum penalty payable is $6. The amendment also provides that any unpaid tax and penalty will bear interest at a rate to be prescribed. Section 24 of the Act now reads: 24. Except as otherwise provided in this Act, where any tax under this Act remains unpaid on the 1st day of April in the year for which it is payable, a penalty of 5 per cent shall be added thereto and in addition such tax and penalty shall bear interest at the rate of 6 per cent per annum from such 1st day of April until the tax and penalty are paid, which interest shall be compounded annually on the 1st day of April of the year next following the date on which the tax was payable and on each 1st day of April thereafter that the tax or any part thereof remains unpaid, and for all purposes the amount of such tax, penalty and interest shall be deemed to be tax due and payable under this Act. Section 12. — Subsections 1 to 4. The amendments contained in sub- sections (1) to (4) are consequential on the amendment provided for in section S of the Bill. Subsection 5. the amendment is consequential on the amendment con- tained in section 1 1 of the Bill increasing the penalty on unpaid tax from 5 to 10 per cent. Section 13. The repeal of subsection 26 (2) is consequential on the amendment contained in section 9 of the Bill. The amendment glso incorporates into the Act various tax collection remedies which are provided for in various other Ontario taxing statutes. Subsection 26 (2) of the Act now reads: (2) The owner or any person entered in the register as the owner of any land is personally liable for all tax, interest and penalties imposed by this Act in respect of such land, and the collector may bring an action in his name of office for the recovery thereof in any court of competent juris- diction. Section 14. The amendment repeals section 27 of the Act which is redundant a«d enables the collector to collect unpaid tax by way of garnishment procedures. The section to be repealed now reads: 27. In addition to the collection of arrears of tax by action as hereinbefore provided, the collector may distrain for the same and has the like powers in that regard as a collector of taxes for a municipal corporation. Section 15. The amendment is consequential on amendments made in section 1 of the Bill. Section 29 of the Act now reads: 29. A tax bill shall be deemed to be delivered to an owner of land to which this Act applies or to his agent or representative where it is mailed post paid to the latest known address of such owner, agent or representative . Section 16. The amendment adds a provision enabling the collector to refund or pay taxes to a municipality where any part of the tax imposed on gross receipts of a telephone or telegraph company relate to telephones or other equip- ment situate on land that became part of a municipality in a year. Section 17. — Subsection 1. The amendment clarifies that the remedy of forfeiture contained in the Act applies only where the land tax imposed by section 3 of the Act has been imposed and does not apply where a tax on gross receipts has been imposed. Subsection 33 (1) of the Act now reads: (1) Where any part of the tax imposed under this Act remains unpaid for a period of two years or more, the collector may cause to be filed on or before the 30th day of November in any year in the proper land registry office a caution in the prescribed form, and thereupon he shall cause to be sent by registered mail a notice to the person appearingfrom search or inquiry at the proper land registry office to be the owner of the land in respect of which the default has been made and to every person appearingfrom such search or inquiry to have an interest therein, stating that, unless the total amount of tax, interest, penalties and costs due and payable under this Act is paid on or before the 30th day of November in the year next following, the land and every interest therein will be liable to be forfeited to and to be vested in the Crown on the 1st day of December in the last-mentioned year by a certificate under the hand of the Minister or the Deputy Minister, and to the amount so due and payable there shall in every case be added and paid as costs the pre- scribed sum. Subsection 2. The amendment is consequential on the amendments made in section 1 of the Bill to the definitions of "owner" and "tenant". Subsection 33 (2) of the Act now reads: (2) Where no letters patent from the Crown have issued granting land in respect of which tax remains unpaid for a period of two years or more, the collector may send by registered mail a notice mentioned in subsec- ■ tion (1) to the person entered in the register as the owner of the land, and the sending of such notice shall be deemed to be compliance with the provisions of subsection (1). Subsection 3. The amendment reflects amendments made to iht Registry Act and the iMud Titles Act which no longer require entries to be made in red ink. Section 18. The amendment is consequential on the provision contained in section 1 of the Bill which repeals the definition of "owner". Section 19. — Subsections 1 and 2. The amendments make various housekeeping amendments and empower the Lieutenant Governor in Council to pass regulations defining any term under the Act, providing for the rate and payment of interest and exempting from the tax imposed on the gross receipts of the telephone and telegraph companies, those receipts resulting from business carried on on designated lands. Subsection 3. The new subsection 38 (2) of the Act empowers the Minister to pass regulations prescribing any forms required under the Act. The new sub- section 38 (3) of the Act provides that any regulation passed under the Act may be made retroactive. Section 20. Provides that the sections of the Bill increasing the penalty on unpaid tax from 5 to 10 per cent will become effective on April 1, 1983. All other provisions of the Bill will come into force on the 1st day of January, 1983. BILL 113 1982 An Act to amend the Provincial Land Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . — (1) Subclauses 1 (c) (vi) and (vii) of the Provincial Land Tax Act, ^- .i (^.) being chapter 399 of the Revised Statutes of Ontario, 1980, repelled are repealed. (2) Clauses 1 (h), (j) and (k) of the said Act are repealed. * > (*-/- *)> repealed (3) Section 1 of the said Act is amended by adding thereto the^ i- , , P ,, . , ^ c amended lollowmg clauses: ip) "tenant" includes an occupant and the person in posses- sion other than the owner; iq) "Treasurer" mean the Treasurer of Ontario and Minis- ter of Economics. 2. Subsection 3 (1) of the said Act is amended by adding thereto the * ^ ^V', - ,, . , ^ o amended foUowmg paragraph: 19. All the machinery, plant and appliances, wherever ^^"^^3'" situate, and all structures placed on, over, under or telephone and affixed to any highway, lane or other public communi- ^'^•^^''^p.^ . " -^ ' ^ companies cation, public place or water so long as such machinery, plant, appliances or structures are used by any tele- phone or telegraph company in connection with and as part of the operations of its telephone or telegraph busi- ness. 3. Subsection 5 (2) of the said Act is repealed and the following ^^ <2); substituted therefor: (2) The collector may at any time assess or amend the assess- Assessment ment of any land liable to assessment and taxation under this Act of assessment and, subject to section 22, such land shall be assessed against the owner thereof and against the tenant to the extent of the assessed value of the portion of the land occupied by the tenant, and the collector shall forthwith notify the owner and the tenant of such land of the assessment or the amendment. s- 6, 4. Section 6 of the said Act is amended by inserting after "owner" in ^"^^" the third line "and tenant". s- 9, 5. Section 9 of the said Act is repealed and the following substituted re-enacted ^, j. therefor: Return 9. The collector may at any time mail a form of return in a form prescribed by the Minister to any person to whom this Act applies in order to determine liability to tax under this Act, and such person shall complete and return it within thirty days from the date of mailing by the collector. s. 10 (1-3), 6.— (1) Subsections 10 (1), (2), (3) and (4) of the said Act are repealed s. 10 (4), ' and the following substituted therefor: repealed Interpretation (1) In this Section, (a) "gas" means natural gas, manufactured gas or propane or any mixture of any of them; (b) "oil" means crude oil or liquid hydrocarbons or any product or by-product thereof; (c) "pipe line" means, subject to subsection (3), a pipe line for the transportation or transmission of gas that is designated by the owner as a transmission pipe line and a pipe line for the transportation or transmission of oil, and includes, (i) all valves, couplings, cathodic protection apparatus, protective coatings and casings, (ii) all haulage, labour, engineering and overheads in respect of such pipe line, (iii) any section, part or branch of any pipe line, (iv) any easement or right of way used by a pipe line company, and (v) any franchise or franchise right, but does not include a pipe line or lines situate wholly within an oil refinery, oil storage depot, oil bulk plant or oil pipe line terminal; id) "pipe line company" means every person, firm, partnership, association or corporation owning or operating a pipe line all or any part of which is situate in Ontario. (2) All disputes as to whether or not a gas pipe line is a trans- Disputes mission pipe line shall, on the application of any interested party, be decided by the Ontario Energy Board and its decision is final. (3) Notwithstanding any other provision of this Act, a pipe Assessment of pipe line line shall be assessed for taxation purposes at the following rates: Oil Transmission Pipe Line Size of Pipe Assessment per Foot of Length %" to 1" Nominal Inside Diameter $ 120 1 1/4" to 1 1// . . . " " ■' 1.45 2' and 21/2'---- " " " 1-70 3' " " " 2.20 4' and4i/2'-.- " " " 2.70 5" and 5%'.... " " " 3.20 6" and 6%" . ... " " " 3.70 8' " " " 5.90 10' " " " 6.80 12' " " " 8.55 14' Outside Diameter 9.20 16' " " 10.35 18' " " 11.45 20' " " 12.45 22' " " 13.75 24' " " 14.80 26' " " 15.70 28' " " 16.75 30' " " 17.70 32' " " 18.65 34' " " 19.50 36' " " 20.35 38' " " 21.35 Field and Gathering Pipe Line Size of Pipe Assessment per Foot of Length 3/4' to 1'. 11/4' to 11/2 2' and 2 1/2" 3' 4' 5' 6" 8', 10' 12' and 41/2' and 5%' and 6%' Nominal Inside Diameter | .90 1.09 1.31 1.69 2.10 2.47 2.89 4.65 5.44 6.90 Gas Transmission Pipe Line 3/4" tor.... 11/4" to 11/2'.. 2" and2i/2''--. 3" 4" and 41/2"... 5" and 5%"... 6" and 6%". . . 8' Nominal Insi Outside Dian de Diameter .... leter $ 1.20 1.45 1.75 2.25 2.80 3.30 3.85 6.20 10" 12" 14" 7.25 9.20 moo 16" 1.1.40 18" 12.75 20" 14.00 22" 15.65 24" . 17.00 26" 18.25 28" 19.70 30" 21.10 32" 22.50 34" 23.80 36" 25.15 38" 26.70 s. 10, amended (2) Section 10 of the said Act is amended by adding thereto the following subsections: Reduction of assessment on pipe line (10) Where a pipe line has been constructed and used for the transportation of oil or gas and ceases to be so used by reason of an order or regulation of an authority having jurisdiction in that behalf, other than the taxing authority, and an application to the proper authority for permission to abandon such pipe line has been refused, the assessment of such pipe hne shall be reduced by 20 per cent so long as it is not used for the transportation of oil or gas. Pipe line deemed to be land (11) For the purpose of the tax under this Act, a pipe line or any part thereof situate in territory without municipal organiza- tion shall be deemed to be land to which this Act applies. Review of rates s. 11, re-enacted (12) The rates set out in subsection (3) shall be reviewed by the Minister in the year 1986 and every third year thereafter, and in any such year the Lieutenant Governor in Council may by regu- lation amend or re-enact the table of rates set out in subsection (3). 7 . Section 11 of the said Act is repealed and the following substituted therefor: Returns by telegraph and telephone companies 11. — (1) Every telegraph and telephone company doing busi- ness in Ontario in territory without municipal organization shall, on or before the 1st day of March in each year, transmit to the collector a statement in writing of the amount of the gross receipts of the company from the business it carries on in such territory without municipal organization for the next preceding year ending on the 31st day of December. (2) In determining the amount of the gross receipts of a tele- Apportion- phone company in territory without municipal organization gross under subsection (1), a telephone company shall apportion the ''*^'^^'p^* total gross receipts of the company in all of Ontario to territory without municipal organization in the proportion that the number of telephones connected to the company's system in ter- ritory without municipal organization bears to the total number of telephones connected to the company's system in all of Ontario as of the 31st day of December of the year in respect of which the statement is transmitted. (3) For the purposes of subsection (1), gross receipts of a tele- what phone company shall be the total of regularly recurring revenue gross arising from telephones and other equipment and shall include receipts revenue from long distance calls. (4) In each year there is payable by every telegraph and tele- ^^^^ °^ phone company that is required to file a statement under subsec- tion (1), an annual tax of an amount equal to 5 per cent of the total gross receipts that are required to be shown by the company in the statement to be transmitted by it for that year under sub- section (1). (5) The tax levied under this section shall be for the calendar ^ax bill year and becomes due and is payable on the 31st day of March in the year in which it is imposed, and a bill for the amount imposed shall be mailed by the collector to the head office of every tele- graph and telephone company subject to the tax under this section or to such other address as the company has directed in writing to the collector, on or before the ISth day of March in the year in which the tax is payable. (6) The bill shall show the amount of the gross receipts upon idem which the tax is imposed, the rate of the tax imposed, the amount of tax payable and such other information as may be prescribed. (7) The collector is not bound by a statement delivered under Collector , . . , , , , , , not bound by this section by any telephone or telegraph company and may, statements notwithstanding a statement so delivered, or if no statement has been delivered as required, determine the tax payable under this section by the company. (8) Where any person taxed under this section disputes the Application -iT 1 o /-I /-to Supreme amount of tax billed, he may apply to the Supreme Court of court Ontario for a determination of the proper amount of tax payable, but no application under this section shall be instituted after the expiration of ninety days from the day the tax bill provided for under this section has been mailed. How action instituted (9) An application to the Supreme Court shall be instituted by serving on the Minister and the collector a notice of motion which is returnable not sooner than sixty days from the date of such service and by filing a copy thereof with the Registrar of the Supreme Court of Ontario or the local registrar of the Supreme Court for the county or district in which the taxpayer has its head office. Service (10) The notice of motion shall be served on the Minister and on the collector being sent by registered mail addressed to each or by personal service. Matter deemed action (11) Upon the filing of the notice of motion with the Registrar of the Supreme Court or the local registrar of the Supreme Court for the county or district in which the taxpayer has its head office, the matter shall be deemed to be an action in the court. s. 21 (1), amended 8. Subsection 21 (1) of the said Act is amended by adding at the end thereof "by the owner of such land". s. 22 (2) (c), amended 9. — (1) Clause 22 (2) (c) of the said Act is amended by inserting after "tenant" in the first line "in addition to its meaning under section 1,". s. 22, amended (2) Section 22 of the said Act is amended by adding thereto the following subsection: Persons liable to tax (3) Notwithstanding subsection 21 (1), every person assessed under this section is liable to pay the taxes assessed against him and in addition, the interest in such land, if any, of every person other than the Crown is subject to the special lien on land for taxes provided for in section 26. s. 23 (1), amended 10. Subsection 23 (1) of the said Act is amended by striking out "by this Act" in the second line and inserting in lieu thereof "under section 3" and by striking out "owner of land subject to taxation" in the fifth line and inserting in lieu thereof "person liable to pay such tax". s. 24, re-enacted 1 1 . Section 24 of the said Act is repealed and the following substituted therefor: Penalty and interest on unpaid tax 24. Except as otherwise provided in this Act, where any tax under this Act remains unpaid on the 1st day of April in the year for which it is payable, a penalty of 10 per cent shall be added thereto, but such penalty shall not in any case be less than $6 and in addition such tax and penalty shall bear interest at such rate as is prescribed from the 1st day of April until the tax and penalty are paid and for all purposes the amount of such tax, penalty and interest shall be deemed to be tax due and payable under this Act. 12. — (1) Subsection 25 (3) of the said Act is amended by striking out « 2s o), "notwithstanding the receipt of a notice under section 9" in the second line. (2) Subsection 25 (4) of the said Act is repealed. s. 2S (4), repealed (3) Subsection 25 (5) of the said Act is amended by striking out »• 2S (S), "or (4)" in the second line. (4) Subsection 25 (6) of the said Act is amended by striking out s 2S (6), "(2), (3) or (4)" in the second line and inserting in lieu thereof "(2) or (3)". (5) Subsection 25 (7) of the said Act is repealed and the following s 25 (7), substituted therefor: (7) Where any tax or arrears of tax billed under subsection (6) Penalty and remains unpaid after the due date, a penalty of 10 per cent shall unpaid tax be added thereto, but such penalty shall not in any case be less than $6 and in addition such tax or arrears of tax and penalty shall bear interest at such rate as is prescribed from the due date until paid and for all purposes the amount of such tax, arrears of tax, penalty and interest shall be deemed to be tax due and payable under this Act. 13. Subsection 26 (2) of the said Act is repealed and the following s. 26(2), substituted therefor: s. 26 (3, 4'), enacted (2) Upon default of payment of any tax payable under this Recovery A , of tax Act, (a) the collector may bring an action for the recovery thereof in any court in which a debt or money demand of a similar amount may be collected, and every such action shall be brought and executed in the name of office of the collector and may be continued by his suc- cessor in office as if no change had occurred and shall be tried without a jury; and (b) the collector may issue a warrant directed to the sheriff of the district in which any property of a person liable to pay any tax under this Act is located or situate for the amount of the tax owing by him, together with interest thereon from the date of the issue of the warrant and 8 Compliance to be proved by affidavit Remedies for recovery of tax the costs and expenses of the sheriff, and such warrant has the same force and effect as a writ of execution issued out of the Supreme Court. (3) For the purpose of any proceeding taken under this Act, the facts necessary to establish compliance on the part of the collector with this Act as well as the failure of any person to comply with the requirements of this Act shall, unless evidence to the contrary satisfactory to the court is adduced, be suffi- ciently proved in any court of law by affidavit of the Minister or of any officer of the Ministry. (4) The use of any of the remedies provided by this section, or section 27 or 33, does not bar or affect any of the other remedies therein provided, and the remedies provided by this Act for the recovery and enforcement of the payment of any tax imposed by this Act are in addition to any other remedies existing by law, and no action or other proceeding taken in any way prejudices, limits or affects any lien, charge or priority existing under this Act or at law in favour of the Crown. s. 27, re-enacted 14. Section 27 of the said Act is repealed and the following substituted therefor: Garnishment 27. — (1) When the collector has knowledge or suspects that a person is or is about to become indebted or liable to make any payment to a person liable to pay any tax under this Act, he may, by registered letter or by a lettef served personally, require the first-named person to pay the moneys otherwise payable to the second-named person in whole or in part to the Treasurer on account of the liability under this Act. Idem (2) The receipt of the Treasurer for moneys paid as required under this section is a good and sufficient discharge of the origi- nal liability to the extent of the payment. Liability of debtor (3) Every person who has discharged any liability to a person liable to pay any tax under this Act without complying with the requirements under this section is liable to pay to the Treasurer an amount equal to the liability discharged or the amount that he was required under this section to pay to the Treasurer, whichever is the lesser. Service on garnishee (4) Where a person who is or is about to become indebted or liable to make a payment to a person liable to pay any tax under this Act carries on business under a name or style other than his own name, the registered or other letter under subsection (1) may be addressed to the name or style under which he carries on business and, in the case of personal service, shall be deemed to have been validly served if it has been left with an adult person employed at the place of business of the addressee. (5) Where the persons who are or are about to become in- Wem debted or liable to make a payment to a person liable to pay any tax under this Act carry on business in partnership, the registered or other letter under subsection (1) may be addressed to the partner- ship name and, in the case of personal service, shall be deemed to have been validly served if it has been served on one of the partners or left with an adult person employed at the place of business of the partnership. (6) Subject to the provisions of the Wages Act, where the col- Garnishment lector has under this section required an employer to pay to the j^ g q jggQ Treasurer on account of an employee's liability under this Act c. S26 moneys otherwise payable by the employer to the employee as remuneration, the requirement is applicable to all future pay- ments by the employer to the employee in respect of remunera- tion until the liability under this Act is satisfied and operates to require payments to the Treasurer out of each payment of remuneration of such amount as may be stipulated by the col- lector in the registered letter or letter served personally. (7) Where any person, without reasonable excuse, has failed Failure . , rrT , • , 1 1 • to remit to remit to the Treasurer the moneys as required under this section, the collector may apply before a judge of the Supreme Court for an order directing such person to remit the moneys which he has failed to remit. 1 5. Section 29 of the said Act is repealed and the following substituted * 29, re-enacted therefor: 29. A tax bill shall be deemed to be delivered to an owner or Delivery of . , , .•!,•* 1- 1 • tax bills tenant of land to which this Act applies or to his agent or rep- resentative where it is mailed post paid to the latest known address of such owner, tenant, agent or representative. 16. Section 31 of the said Act is amended by adding thereto the fol- ^ 3i, . . ^ c amended lowing subsection: (4) The collector may in any year reduce, refund or pay to the Refunds of . . , . r 1 • 11 • tax on gross municipality any part of the tax imposed under section 1 1 on receipts gross receipts where such receipts arose from telephones or other equipment situate in, on or under land that became part of a municipality in such year. 1 7. — (1) Subsection 33 (1) of the said Act is amended by inserting after « ^3 u), "under" in the first line and in the eleventh line "section 3 of. (2) Subsection 33 (2) of the said Act is repealed and the following ^ a (2), substituted therefor: (2) Where no letters patent from the Crown have issued ^'^^^ granting land in respect of which tax remains unpaid for a period 10 of two years or more, the collector may, notwithstanding the requirement in subsection (1) of registering a caution, commence the forfeiture proceedings described therein by sending by regis- tered mail to the persons described in that subsection, the notice of liability to forfeiture described therein. s. 33 (8), amended (3) Subsection 33 (8) of the said Act is amended by striking out "in red ink" in the fourth line. s. 35, amended s. 38 (a, d, e), re-enacted 18. Section 35 of the said Act is amended by striking out "owner" in the first line and inserting in lieu thereof "person". 1 9. — (1) Clauses 38 (a), (d) and (e) of the said Act are repealed and the following substituted therefor: (a) defining any word or expression used in this Act that has not already ben expressly defined in this Act; (d) for the purposes of subsection 10 (12), amending the table of rates set out in subsection 10 (3); (e) designating pipes in addition to those mentioned in clause 10 (1) (c) as pipe lines. s. 38, amended (2) Section 38 of the said Act is amended by adding thereto the following clauses: s. 38, amended (h) providing for the payment of interest on any refund or rebate of tax that is authorized by this Act; (i) prescribing any rate of interest that is to be prescribed and the method by which it is to be calculated; 0') designating classes of land and declaring gross receipts from business carried on on such lands to be exempt, wholly or partially from the tax imposed under section 11. (3) The said section 38 is further amended by adding thereto the following subsections: Regulations by Minister (2) The Minister may make regulations, (a) prescribing, defining or determining anything that he is permitted or required by this Act to prescribe, define or determine; (b) prescribing any form, return or bill required by this Act or the regulations or that, in his opinion, will assist in 11 the administration of this Act, and prescribing how and by whom any form, return or bill shall be completed and what information it shall contain. (3) A regulation is, if it so provides, effective with reference to Retroactivity a period before it was filed. 20. — (1) This Act, except section 11 and subsection 12 (5), comes into Commence- force on the 1st day of January, 1983. ""^^ (2) Section 11 and subsection 12 (5) come into force on the 1st Wem day of April, 1983. 21 . The short title of this Act is the Provincial Land Tax Amendment Short title Act, 1982. bo H § 5 C/l* ffi O O t-h P W CD < P 3 > C (ji n X W 0^5 OTQ ^ o > <: 3 3 > o 5] (-^ t-^ o »3 05 3 3 CD 05 3 X r^ 3- > fCi BILL 113 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Provincial Land Tax Act The Hon. G. L. Ashe Minister of Revenue (Reprinted as amended by the Committee of the Whole House) TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes General. The Bill implements the proposals in the Treasurer's Budget increasing the rate of provincial land tax payable on pipe lines situate in territory without municipal organization and also replaces the provincial land tax now imposed on land of a telephone or telegraph company situate in territory without municipal organization with a new annual tax of an amount equal to 5 per cent of the gross receipts of such companies from business carried on in territory without municipal organization. The Bill also provides for various housekeeping and administrative provi- sions, many of which are made to parallel provisions contained in the Assessment Act. Section 1. — Subsection 1. Amends the definition of "land" to parallel the definition of that term contained in the Assessment Act. The subclauses to be repealed now read as follows: (c) "land" includes, (vi) the interest in land of a tenant or occupant, (vii) the interest of the holder of any licence, concession or contract under which there has been acquired from the Crown any right to be exercised in respect of, or over, or upon land. Subsection 2. The amendment to repeal the definition of "owner" con- tained in clause 1 (h) of the Act is consequential on later amendments contained in the Bill which are made to parallel provisions contained in the Assessment Act, whereby both an owner and tenant of land receive notices of assessment but, only the owner receives a bill for tax. The definition of "owner" is replaced with a definition of "tenant" by subsection 1 (3) of the Bill. Clause 1 (h) now reads as follows: 1. In this Act, (h) "owner" includes a tenant or occupant and any person owning or enjoying an interest in land and the holder of any licence, con- cession or contract under which there had been acquired from the Crown any right to be exercised in respect of, or over, or upon land. The amendment also repeals the definition of "pipe line" and "pipe line company" contained in clauses 1 0) and {k) of the Act. These definitions are re-inserted in a later provision which deals specifically with the assessment of pipe lines. Subsection 3. The amendment adds a definition of "tenant" to parallel the definition of that term contained in the Assessment Act. The amendment is consequential on the repeal of the definition of "owner" provided for in subsection (2) of this section. A definition of "Treasurer" is added for the purposes of the re-enacted section 27 of the Act as set out in section 14 of the Bill. •Section 2. The proposed amendment adds a paragraph exempting the real property of telephone and telegraph companies from provincial land tax as a result of the proposal contained in the Treasurer's Budget to impose a tax on the gross receipts of these companies. The tax on gross receipts is provided for in section 7 of the Bill. Section 3. The amendment provides that notices of assessment are to be sent to both the owner and tenant of land as is provided for in the Assessment Act. Subsection 5 (2) of the Act now reads: (2) The collector may at any time assess or amend the assessment of any land liable to asessment and taxation under this Act and shall forthwith notify the owner of the land of the assessment or the amendment. Section 4. The amendment is consequential on the amendment made in section 3 of the Bill which provides that both the owner and tenant of land are to receive notices of assessment. Section 6 of the Act now reads: 6. The collector shall keep a Provincial Land Tax Register in which shall be entered the name and address of every owner of land to which this Act applies, the amount of the assessment of the land and such other partic- ulars as the collector deems requisite. Section 5. The amendment removes the requirement that new owners and tenants must notify the collector of their interest in the land and provides that the collector may request information by way of a form in order to determine tax liability under the Act. Section 9 of the Act now reads: P. — (1) Every person who becomes the owner of land situate in territory without municipal organization shall, within thirty days of becoming the owner of such land, notify the collector in writing giving his name and address, the name and address of the previous owner, a description of the land acquired, the purchase price paid where the land was purchased, or the rent paid where the land is rented, or the fee paid where the land is held under a licence. (2) Upon the erection or the placing upon, in, over, under or the affixing to land situate in territory without municipal organization of any building, structure, machinery, fixture or other improvement, the owner shall forthwith notify the collector in writing thereof. (3) The collector may at any time mail a form of return in the prescribed form to any owner of land to which this Act applies, and such owner shall complete and return it within thirty days from the date of mailing by the collector. Section 6. The amendment repeals the provisions relating to the assess- ment and taxation of pipe lines and provides that pipe lines will now be taxed at new rates which parallel those rates paid by pipe lines in municipalities. Section 10 of the Act now reads: 10.— (1) For the purpose of the tax under this Act, a pipe line or any part thereof situate in territory without municipal organization shall be deemed to be land to which this Act applies. (2) Notwithstanding any other provision of this Act but subject to subsec- tion (3), a pipe line shall be assessed for taxation purposes at the follow- ing rates: c ■ c Assessment Size of _ Pipe P^^ ^°°^ '^ of Length %" Nominal inside diameter $ 07 r 09 ly/ 11 1^2" 13 2" and 21/2" 17 3' 46 4' and 41/2' 55 5" and 5%" 83 6" and 6%" 98 8" 1.24 10" 1.55 12" 2 31 Size of Pipe Assessment per Foot of Length 14" Outs 16" ide dian leter $ 2.34 2 35 18" . . 2 67 20". . 2 96 22" . . 3.25 24" . . 3 56 ?6" 3.69 ?8" 3.85 30" . . 4.03 3?" 4.24 34" 4.46 36" 4 72 (3) A pipe line installed before 1940 shall be assessed for taxation at the rates set forth in subsection (2) but shall be depreciated up to the year 1940 at the rate of 2 per cent per annum of the assessed value of the pipe line, with a maximum depreciation of 50 per cent. (4) A pipe line installed during or after 1940 shall be assessed for taxation at the rates set forth in subsection (2), with no allowance for depreciation. (5) A pipe line removed from one location and re-installed in another loca- tion shall, where depreciation is applicable, continue to be depreciated in accordance with subsection (3) as though remaining in its original location. (6) A pipe line that has been abandoned in any year ceases to be liable for the tax effective with the year next following the year in which the pipe line was abandoned. (7) Where a pipe line is located on, in, under, along or across a highway or any lands, other than lands held in trust for a band or body of Indians, exempt from taxation under this or any special or general Act, the pipe line is nevertheless liable to assessment and taxation in accordance with this section. (8) Where a pipe line is placed on the boundary between land situate in territory without municipal organization and land situate in territory with municipal organization, or so near thereto as to be in some places on one side and in other places on the other side of the boundary line, such pipe line shall be assessed as if half of it were situate entirely within the former and half of it were situate entirely within the latter. (9) Land that is liable to the tax under this Act shall not have a lesser or greater assessment by reason of there being a pipe line located on, in, under, along or across it, nor shall it have a lesser or greater assessment by reason of the abandonment of the pipe line. Section 7. The amendment repeals the provisions of the Act relating to the assessment and taxation of telegraph and telephone lines and equipment situate in territory without municipal organization and provides for a new annual tax of an amount equal to 5 per cent of the total gross receipts of telephone and telegraph companies resulting from business carried on in territory without munici- pal organization. The new provision parallels provisions relating to the assess- ment and taxation of telephone and telegraph companies in municipalities. Provi- sions are also added to allow any telegraph or telephone company taxed under this section to dispute the amount of tax imposed by bringing an application to the Supreme Court of Ontario. Section 1 1 of the Act now reads: 11. — (1) For the purpose of the tax under this Act, a telephone line or part thereof, or a telegraph line or part therof, situate in territory without municipal organization shall be deemed to be land to which this Act applies. (2) Notwithstanding any other provision of this Act and subject to subsec- tions (3) and (6), a telephone line or part thereof shall be assessed for one circuit used for carrying messages and placed or strung on poles or other structures or in conduits, including such poles, structures and conduits, and in use on the 31st day of December next preceding the year for which the tax is payable, at the rate of $135 per mile, and for each additional circuit placed or strung on such poles or other structures or in such conduits, whether or not in use on such 31st day of December, at the rate of $7.50 per mile. (3) Where a telephone company does not operate generally throughout Ontario and is not authorized by statute to carry on business throughout Ontario, notwithstanding any other provision of this Act but subject to subsection (6), its telephone lines shall be assessed for one circuit used for carrying messages and placed or strung on poles or other structures or in conduits, including such poles, structures and conduits, and in use by the company on the 3.1st day of December next preceding the year for which the tax is payable, at the rate of $50 per mile, and for each additional circuit placed or strung on such poles or other structures or in such conduits, whether or not in use by the company on such 31st day of December, at the rate of $7.50 per mile. (4) In computing the length of telephone circuits placed or strung on poles or other structures or in conduits, (a) a circuit that does not exceed twenty-five miles in length that is not used as a connecting circuit between two or more central exchange switchboards shall not be included; and (b) every circuit regardless of its length that connects two or more central exchange switchboards shall be included. (5) Notwithstanding any other provision of this Act but subject to subsec- tion (6), a telegraph line or part thereof shall be assessed a sum equal to $40 for every mile of length of one wire placed or strung on the poles or other structures or in conduits in use on the 31st day of December next preceding the year for which the tax is payable, and a sum equal to $5 per mile for each additional wire so placed or strung on such 31st day of December. (6) Notwithstanding any other provision of this Act, the telephone and telegraph plant, poles and wires of a railway company that are used in whole or in part for commercial purposes shall be assessed at $5 per mile in the manner hereinbefore mentioned. (7) In the computation of the length of telegraph wires and additional wires, the wires of all branch and loop /in. s that do not exceed twenty-five miles shall not be included. (8) In the measurement of such additional wires or circuits, the length of every telegraph wire and every telephone circuit placed or strung in cables or other combinations, and used or capable of being used as an independent means of conveying messages, shall be computed. (9) Where the poles, structures, conduits or wires of a telegraph or tele- phone company are placed on the boundary between land situate in territory without municipal organization and land situate in territory with municipal organization, or so near thereto as to be in some places on one side and in other places on the other side of the boundary line, such poles, structures, conduits or wires shall be assessed as if half of them were situate entirely within the former and half of them were situate entirely within the latter. (10) Every telegraph and telephone company doing business in Ontario shall, in respect of its wires and circuits in territory without municipal organi- zation, on or before the 1st day of March in each year, transmit to the collector a statement in writing showing, (a) the length in miles of one wire or of one circuit, as the case may be, placed or strung on poles or other structures or in conduits (including half on the boundaries of townships without munici- pal organization that adjoin townships with municipal organiza- Hon) in use by the company in such townships on the 31st day of December next preceding the assessment, and the length in miles of additional wires or circuits, as the case may be, placed or strung on such poles or other structures or in such conduits (including half on the boundaries of townships without munici- pal organization that adjoin townships with municipal organiza- tion) whether or not in use by the company in such townships on the 31st day of December next preceding the assessment; and (b) the length in miles of one exempt wire or of one exempt circuit, as the case may b§. placed or strung on poles or other structures or in conduits (including half on the boundaries of townships with- out municipal organization that adjoin townships with munici- pal organization) in use by the company in such townships on the 31st day of December next preceding the assessment, and the length in miles of additional exempt wires or circuits, as the case may be, placed or strung on such poles or other structures or in such conduits (including half on the boundaries of townships without municipal organization that adjoin townships with municipal organization) whether or not in use by the company in such townships on the 31st day of December next preceding the assessment. Section 8. The amendment clarifies that Provincial Land Tax is to be payable by the owner of the land and not by the tenant. Subsection 21 (1) of the Act now reads: (1) The tax under section 3 is payable annually at the appropriate prescribed rate upon the assessed value of the land. Section 9. — Subsection 1. The amendment incorporates a provision of the Assessment Act which defines "tenant" of Crown land. Clause 22 (2) (c) of the Act now reads: (c) "tenant" includes any person who uses land belonging to the Crown, as or for the purposes of, or in connection with, his residence, irrespective of the relationship between him and the Crown with respect to such use. Subsection 2. The amendment clarifies that any person who is assessed with respect to Crown land is liable to pay the taxes so assessed and that the interest of such person is subject to the special lien on land for taxes provided for in section 26 of the Act. Section 10. The first amendment-clarifies that the tax bill mailed under section 23 of the Act is applicable to only the land tax imposed under section 3 of the Act. The second amendment is consequential on the repeal of the definition of "owner" by section 1 of the Bill. Subsection 23 (1) of the Act now reads: (1) Except as otherwise provided in this Act, the tax imposed by this Act shall be for the calendar year and becomes due and is payable on the 15th day of March in the year for which it is imposed, and a tax bill shall be mailed by the collector to every owner of land subject to taxation at his latest known address on or before the 15th day of February in the year for which the tax is payable. Section U. The amendment increases from 5 to 10 per cent the penalty which is payable on unpaid tax and provides that the minimum penalty payable is $6. The amendment also provides that any unpaid tax and penalty will bear interest at a rate to be prescribed. Section 24 of the Act now reads: 24. Except as otherwise provided in this Act, where any tax under this Act remains unpaid on the 1st day of April in the year for which it is payable, a penalty of 5 per cent shall be added thereto and in addition such tax and penalty shall bear interest at the rate of 6 per cent per annum from such 1st day of April until the tax and penalty are paid, which interest shall be compounded annually on the 1st day of April of the year next following the date on which the tax was payable and on each 1st day of April thereafter that the tax or any part thereof remains unpaid, and for all purposes the amount of such tax, penalty and interest shall be deemed to be tax due and payable under this Act. Section 12. — Subsections 1 to 4. The amendments contained in sub- sections (1) to (4) are consequential on the amendment provided for in section 5 of the Bill. Subsection 5. the amendment is consequential on the amendment con- tained in section 11 of the Bill increasing the penalty on unpaid tax from 5 to 10 per cent. Section 13. The repeal of subsection 26 (2) is consequential on the amendment contained in section 9 of the Bill. The amendment ^Iso incorporates into the Act various tax collection remedies which are provided for in various other Ontario taxing statutes. Subsection 26 (2) of the Act now reads: (2) The owner or any person entered in the register as the owner of any land is personally liable for all tax, interest and penalties imposed by this Act in respect of such land, and the collector may bring an action in his name of office for the recovery thereof in any court of competent juris- diction. Section 14. The amendment repeals section 27 of the Act which is redundant and enables the collector to collect unpaid tax by way of garnishment procedures. The section to be repealed now reads: 27. In addition to the collection of arrears of tax by action as hereinbefore provided, the collector may distrain for the same and has the like powers in that regard as a collector of taxes for a municipal corporation. Section IS. The amendment is consequential on amendments made in section 1 of the Bill. Section 29 of the Act now reads: 29. A tax bill shall be deemed to be delivered to an owner of land to which this Act applies or to his agent or representative where it is mailed post paid to the latest known address of such owner, agent or representative. Section 16. The amendment adds a provision enabling the collector to refund or pay taxes to a municipality where any part of the tax imposed on gross receipts of a telephone or telegraph company relate to telephones or other equip- ment situate on land that became part of a municipality in a year. Section 17. — Subsection 1. The amendment clarifies that the remedy of forfeiture contained in the Act applies only where the land tax imposed by section 3 of the Act has been imposed and does not apply where a tax on gross receipts has been imposed. Subsection 33 (1) of the Act now reads: (1) Where any part of the tax imposed under this Act remains unpaid for a period of two years or more, the collector may cause to be filed on or before the 30th day of November in any year in the proper land registry office a caution in the prescribed form, and thereupon he shall cause to be sent by registered mail a notice to the person appearing from search or inquiry at the proper land registry office to be the owner of the land in respect of which the default has been made and to every person appearing from such search or inquiry to have an interest therein, stating that, unless the total amount of tax, interest, penalties and costs due and payable under this Act is paid on or before the 30th day of November in the year next following, the land and every interest therein will be liable to be forfeited to and to be vested in the Crown on the 1st day of December in the last-mentioned year by a certificate under the hand of the Minister or the Deputy Minister, and to the amount so due and payable there shall in every case be added and paid as costs the pre- scribed sum. Subsection 2. The amendment is consequential on the amendments made in section 1 of the Bill to the definitions of "owner" and "tenant". Subsection 33 (2) of the Act now reads: (2) Where no letters patent from the Crown have issued granting land in respect of which tax remains unpaid for a period of two years or more, the collector may send by registered mail a notice mentioned in subsec- tion (1) to the person entered in the register as the owner of the land, and the sending of such notice shall be deemed to be compliance with the provisions of subsection (1). Subsection 3. The amendment reflects amendments made to the iJegisiry Act and the Land Titles Act which no longer require entries to be made in red ink. Section 18. The amendment is consequential on the provision contained in section 1 of the Bill which repeals the definition of "owner". Section 19. — Subsections 1 and 2. The amendments make various housekeeping amendments and empower the Lieutenant Governor in Council to pass regulations defining any term under the Act, providing for the rate and payment of interest and exempting from the tax imposed on the gross receipts of the telephone and telegraph companies, those receipts resulting from business carried on on designated lands. Subsection 3. The new subsection 38 (2) of the Act empowers the Minister to pass regulations prescribing any forms required under the Act. The new sub- section 38 (3) of the Act provides that any regulation passed under the Act may be made retroactive. Section 20. Provides that the sections of the Bill increasing the penalty on unpaid tax from 5 to 10 per cent will become effective on April 1, 1983. All other provisions of the Bill will come into force on the 1st day of January, 1983. BILL 113 1982 An Act to amend the Provincial Land Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . — (1) Subclauses 1 (c) (vi) and (vii) of the Provincial Land Tax Act, ^- .^ ^^.} being chapter 399 of the Revised Statutes of Ontario, 1980, repealed are repealed. (2) Clauses 1 (h), {j) and (k) of the said Act are repealed. ^ i (f-/ *)- (3) Section 1 of the said Act is amended by adding thereto the^ ^' , , c ^^ ■ , ^ o amended lollowmg clauses: ip ) "tenant" includes an occupant and the person in posses- sion other than the owner; iq) "Treasurer" mean the Treasurer of Ontario and Minis- ter of Economics. 2. Subsection 3 (1) of the said Act is amended by adding thereto the^ ^ ^9', - „ . , ^ o amended followmg paragraph: 19. All the machinery, plant and appliances, wherever Certain situate, and all structures placed on, over, under or telephone and affixed to any highway, lane or other public communi- *^'^sraph -^ *^ -^ ' ^ companies cation, public place or water so long as such machinery, plant, appliances or structures are used by any tele- phone or telegraph company in connection with and as part of the operations of its telephone or telegraph busi- ness. 3. Subsection 5 (2) of the said Act is repealed and the following ^^ ^^<^^|^^ substituted therefor: (2) The collector may at any time assess or amend the assess- Assessment ment of any land liable to assessment and taxation under this Act of assessment and, subject to section 22 , such land shall be assessed against the owner thereof and against the tenant to the extent of the assessed value of the portion of the land occupied by the tenant, and the collector shall forthwith notify the owner and the tenant of such land of the assessment or the amendment. s. 6, 4. Section 6 of the said Act is amended by inserting after "owner" in amended ^^^ ^^^^^ ^^^^ a^^^ tenant". s. 9, 5. Section 9 of the said Act is repealed and the following substituted re-enacted i.u r therefor: Return 9. The Collector may at any time mail a form of return in a form prescribed by the Minister to any person to whom this Act applies in order to determine liability to tax under this Act, and such person shall complete and return it within thirty days from the date of mailing by the collector. s. 10 (1-3), 6. — (1) Subsections 10 (1), (2), (3) and (4) of the said Act are repealed re-enacted; ^^^ ^^^ following substituted therefor: repealed Interpretation (1) In this Section, (a) "gas" means natural gas, manufactured gas or propane or any mixture of any of them; (b) "oil" means crude oil or liquid hydrocarbons or any product or by-product thereof; (c) "pipe hne" means, subject to subsection (3), a pipe line for the transportation or transmission of gas that is designated by the owner as a transmission pipe line and a pipe line for the transportation or transmission of oil, and includes, (i) all valves, couplings, cathodic protection apparatus, protective coatings and casings, (ii) all haulage, labour, engineering and overheads in respect of such pipe line, (iii) any section, part or branch of any pipe line, (iv) any easement or right of way used by a pipe line company, and (v) any franchise or franchise right, but does not include a pipe line or lines situate wholly within an oil refinery, oil storage depot, oil bulk plant or oil pipe line terminal; id) "pipe line company" means every person, firm, partnership, association or corporation owning or operating a pipe line all or any part of which is situate in Ontario. (2) All disputes as to whether or not a gas pipe line is a trans- Disputes mission pipe line shall, on the application of any interested party, be decided by the Ontario Energy Board and its decision is final. (3) Notwithstanding any other provision of this Act, a pipe Assessment line shall be assessed for taxation purposes at the following rates: linf'^^ Oil Transmission Pipe Line Size of Pipe Assessment per Foot of Length 3/4" tor.. 11/4" to 11// 2" and 2*4' 3" 4" and 41/2", 5" and 5%" . 6" and 6%", 8" 10" 12' 14" 16' 18' 20' 22' 24' 26' 28' 30' 32" 34' 36" 38" Nominal Inside Diameter . Outside Diameter $ 1.20 1.45 1.70 2.20 2.70 3.20 3.70 5.90 6.80 8.55 9.20 10.35 11.45 12.45 13.75 14.80 15.70 16.75 17.70 18.65 19.50 20.35 21.35 Field and Gathering Pipe Line Size of Pipe Assessment per Foot of Length 3/4" to 1". 11/4" to 1 ^2- 2' and 21/2' 3' 4' and 41/2' 5" and 5%' 6' and 6%' 8' 10' 12" Nominal Inside Diameter $ .90 1.09 1.31 1.69 2.10 2.47 2.89 4.65 5.44 6.90 Gas Transmission Pipe Line 34" tor.... 11/4" to 11/2".. 2" and iy^' . . . 3' 4" and 41/2"... 5" and 5%". . . 6" and 6%". . . 8' 10" 12" 14" 16" 18" 20" 22" 24" 26" 28" 30" 32" 34" 36" 38" ■42" Outside Diameter Nominal Inside Diameter $ 1.20 1.45 1.75 2.25 2.80 3.30 3.85 6.20 7.25 9.20 10.00 11.40 12.75 14.00 15.65 17.00 18.25 19.70 21.10 22.50 23.80 25.15 26.70 29.50' s. 10, amended (2) Section 10 of the said Act is amended by adding thereto the following subsections: Reduction of assessment on pipe line (10) Where a pipe line has been constructed and used for the transportation of oil or gas and ceases to be so used by reason of an order or regulation of an authority having jurisdiction in that behalf, other than the taxing authority, and an application to the proper authority for permission to abandon such pipe line has been refused, the assessment of such pipe line shall be reduced by 20 per cent so long as it is not used for the transportation of oil or gas. Pipe line deemed to be land (11) For the purpose of the tax under this Act, a pipe line or any part thereof situate in territory without municipal organiza- tion shall be deemed to be land to which this Act applies. Depreciation of pipe lines (12) A pipe line installed before 1970 shall be assessed for taxation at the rates set forth in subsection (3) but shall be depre- ciated up to the year 1970 at the rate of 5 per cent of the assessed value of the pipe line every three years from the year of installa- tion, with a maximum depreciation of 55 per cent, and no allow- ance of depreciation shall be made with respect to a pipe line that is installed during or after 1970. Review of rates, etc. (13) The rates set out in subsection (3) and the year up to which depreciation is allowed set out in subsection (12) shall be reviewed by the Minister in 1986 and every third year thereafter and in any such year the Lieutenant Governor in Council may by regulation amend or re-enact the table of rates set out in subsec- tion (3) or change the year up to which depreciation is allowed set out in subsection (12). (14) Notwithstanding any provision of this section to the con- where two trary, the Lieutenant Governor in Council may, where two or pIpTu^nes more pipe lines occupy the same right-of-way, by regulation, occupy same designate the second and subsequent pipe lines and, by regula- ^^^ tion, prescribe the percentage of the rates set out in subsection (3) at which the second and subsequent pipe lines are assessable and taxable and the percentages of rates as so prescribed shall apply until such percentages of rates are altered. Section 11 of the said Act is repealed and the following substituted ^- ^^' , , . " re-enacted therefor: 11. — (1) Every telegraph and telephone company doing busi- ^^'"•""^ '^y ness in Ontario in territory without municipal organization shall, telephone on or before the 1st day of March in each year, transmit to the™'^^^"'^^ collector a statement in writing of the amount of the gross receipts of the company from the business it carries on in such territory without municipal organization for the next preceding year ending on the 31st day of December. (2) In determining the amount of the gross receipts of a tele- Apportion- phone company in territory without municipal organization gross under subsection (1), a telephone company shall apportion the ""^"'p'^ total gross receipts of the company in all of Ontario to territory without municipal organization in the proportion that the number of telephones connected to the company's system in ter- ritory without municipal organization bears to the total number of telephones connected to the company's system in all of Ontario as of the 31st day of December of the year in respect of which the statement is transmitted. (3) For the purposes of subsection (1), gross receipts of a tele- What phone company shall be the total of regularly recurring revenue gross arising from telephones and other equipment and shall include receipts revenue from long distance calls. (4) In each year there is payable by every telegraph and tele- Rate of phone company that is required to file a statement under subsec- tion (1), an annual tax of an amount equal to 5 per cent of the total gross receipts that are required to be shown by the company in the statement to be transmitted by it for that year under sub- section (1). (5) The tax levied under this section shall be for the calendar year and becomes due and is payable on the 31st day of March in the year in which it is imposed, and a bill for the amount imposed shall be mailed by the collector to the head office of every tele- graph and telephone company subject to the tax under this section or to such other address as the company has directed in writing to the collector, on or before the I5th day of March in the year in which the tax is payable. Idem Collector not bound by statements (6) The bill shall show the amount of the gross receipts upon which the tax is imposed, the rate of the tax imposed, the amount of tax payable and such other information as may be prescribed. (7) The collector is not bound by a statement delivered under this section by any telephone or telegraph company and may, notwithstanding a statement so delivered, or if no statement has been delivered as required, determine the tax payable under this section by the company. Application to Supreme Court (8) Where any person taxed under this section disputes the amount of tax billed, he may apply to the Supreme Court of Ontario for a determination of the proper amount of tax payable, but no application under this section shall be instituted after the expiration of ninety days from the day the tax bill provided for under this section has been mailed. How action instituted (9) An application to the Supreme Court shall be instituted by serving on the Minister and the collector a notice of motion which is returnable not sooner than sixty days from the date of such service and by filing a copy thereof with the Registrar of the Supreme Court of Ontario or the local registrar of the Supreme Court for the county or district in which the taxpayer has its head office. Service (10) The notice of motion shall be served on the Minister and on the collector being sent by registered mail addressed to each or by personal service. Matter deemed action (11) Upon the filing of the notice of motion with the Registrar of the Supreme Court or the local registrar of the Supreme Court for the county or district in which the taxpayer has its head office, the matter shall be deemed to be an action in the court. s. 21 (1), amended 8. Subsection 21 (1) of the said Act is amended by adding at the end thereof "by the owner of such land". s. 22 (2) (C), amended 9._(1) Clause 22 (2) (c) of the said Act is amended by inserting after "tenant" in the first line "in addition to its meaning under section 1,". s. 22, amended (2) Section 22 of the said Act is amended by adding thereto the following subsection: (3) Notwithstanding subsection 21 (1), every person assessed Persons liable under this section is liable to pay the taxes assessed against him and in addition, the interest in such land, if any, of every person other than the Crown is subject to the special lien on land for taxes provided for in section 26. 10. Subsection 23 (1) of the said Act is amended by striking out "by ^ 2i (i), this Act" in the second line and inserting in lieu thereof "under section 3" and by striking out "owner of land subject to taxation" in the fifth line and inserting in lieu thereof "person liable to pay such tax". 1 1 . Section 24 of the said Act is repealed and the following substituted ^ ^'*' ,, r re-enacted therefor: 24. Except as otherwise provided in this Act, where any tax Penalty and under this Act remains unpaid on the 1st day of April in the year u"npa1d tax for which it is payable, a penalty of 10 per cent shall be added thereto, but such penalty shall not in any case be less than $6 and in addition such tax and penalty shall bear interest at such rate as is prescribed from the 1st day of April until the tax and penalty are paid and for all purposes the amount of such tax, penalty and interest shall be deemed to be tax due and payable under this Act. 12. — (1) Subsection 25 (3) of the said Act is amended by striking out « 2S (3), "notwithstanding the receipt of a notice under section 9" in ^'"^" ^ the second line. (2) Subsection 25 (4) of the said Act is repealed. « 2S (4), repealed (3) Subsection 25 (5) of the said Act is amended by striking out « ^s (S), "or (4)" in the second line. ^""^^ ^ (4) Subsection 25 (6) of the said Act is amended by striking out » 2S (6), "(2), (3) or (4)" in the second line and inserting in lieu thereof ^™'^" ^ "(2) or (3)". (5) Subsection 25 (7) of the said Act is repealed and the following s 2S (7), 1 ... . 1 ii r re-enacted substituted therefor: (7) Where any tax or arrears of tax billed under subsection (6) Penalty and remains unpaid after the due date, a penalty of 10 per cent shall ITnpLId tax be added thereto, but such penalty shall not in any case be less than $6 and in addition such tax or arrears of tax and penalty shall bear interest at such rate as is prescribed from the due date until paid and for all purposes the amount of such tax, arrears of tax, penalty and interest shall be deemed to be tax due and payable under this Act. 13. Subsection 26 (2) of the said Act is repealed and the following s. 26(2), substituted therefor: TTlTX enacted Recovery of tax (2) Upon default of payment of any tax payable under this Act, (a) the collector may bring an action for the recovery thereof in any court in which a debt or money demand of a similar amount may be collected, and every such action shall be brought and executed in the name of office of the collector and may be continued by his suc- cessor in office as if no change had occurred and shall be tried without a jury; and {b) the collector may issue a warrant directed to the sheriff of the district in which any property of a person liable to pay any tax under this Act is located or situate for the amount of the tax owing by him, together with interest thereon from the date of the issue of the warrant and the costs and expenses of the sheriff, and such warrant has the same force and effect as a writ of execution issued out of the Supreme Court. Compliance to be proved by affidavit (3) For the purpose of any proceeding taken under this Act, the facts necessary to establish compliance on the part of the collector with this Act as well as the failure of any person to comply with the requirements of this Act shall, unless evidence to the contrary satisfactory to the court is adduced, be suffi- ciently proved in any court of law by affidavit of the Minister or of any officer of the Ministry. Remedies for recovery of tax (4) The use of any of the remedies provided by this section, or section 27 or 33, does not bar or affect any of the other remedies therein provided, and the remedies provided by this Act for the recovery and enforcement of the payment of any tax imposed by this Act are in addition to any other remedies existing by law, and no action or other proceeding taken in any way prejudices, limits or affects any lien, charge or priority existing under this Act or at law in favour of the Crown. s. 27, re-enacted 14. Section 27 of the said Act is repealed and the following substituted therefor: Garnishment 27. — (1) When the collector has knowledge or suspects that a person is or is about to become indebted or liable to make any payment to a person liable to pay any tax under this Act, he may, by registered letter or by a letter served personally, require the first-named person to pay the moneys otherwise payable to the second-named person in whole or in part to the Treasurer on account of the liability under this Act. Idem (2) The receipt of the Treasurer for moneys paid as required under this section is a good and sufficient discharge of the origi- nal liability to the extent of the payment. (3) Every person who has discharged any liability to a person Liability liable to pay any tax under this Act without complying with the requirements under this section is liable to pay to the Treasurer an amount equal to the liability discharged or the amount that he was required under this section to pay to the Treasurer, whichever is the lesser. (4) Where a person who is or is about to become indebted or Service on liable to make a payment to a person liable to pay any tax under ^'"^"'^ ^^ this Act carries on business under a name or style other than his own name, the registered or other letter under subsection (1) may be addressed to the name or style under which he carries on business and, in the case of personal service, shall be deemed to have been validly served if it has been left with an adult person employed at the place of business of the addressee. (5) Where the persons who are or are about to become in- Wem debted or Hable to make a payment to a person liable to pay any tax under this Act carry on business in partnership, the registered or other letter under subsection (1) may be addressed to the partner- ship name and, in the case of personal service, shall be deemed to have been validly served if it has been served on one of the partners or left with an adult person employed at the place of business of the partnership. (6) Subject to the provisions of the Wages Act, where the col- Garnishment , ,',,.. . , 1 1 of wages lector has under this section required an employer to pay to the j^ g q jggQ Treasurer on account of an employee's liability under this Act c. 526 moneys otherwise payable by the employer to the employee as remuneration, the requirement is applicable to all future pay- ments by the employer to the employee in respect of remunera- tion until the liability under this Act is satisfied and operates to require payments to the Treasurer out of each payment of remuneration of such amount as may be stipulated by the col- lector in the registered letter or letter served personally. (7) Where any person, without reasonable excuse, has failed Failure . , r^ , . , , , . to remit to remit to the Ireasurer the moneys as required under this section, the collector may apply before a judge of the Supreme Court for an order directing such person to remit the moneys which he has failed to remit. 15. Section 29 of the said Act is repealed and the following substituted » 29, re-enacted therefor: 29. A tax bill shall be deemed to be delivered to an owner or P^''}'"^ °^ tax bills tenant of land to which this Act applies or to his agent or rep- resentative where it is mailed post paid to the latest known address of such owner, tenant, agent or representative. 16. Section 31 of the said Act is amended by adding thereto the fol- ^^^^^^1^'^^^ lowing subsection: 10 Refunds of tax on gross receipts (4) The collector may in any year reduce, refund or pay to the municipality any part of the tax imposed under section 11 on gross receipts where such receipts arose from telephones or other equipment situate in, on or under land that became part of a municipality in such year. s. 33 (1), amended 1 7. — (1) Subsection 33 (1) of the said Act is amended by inserting after "under" in the first line and in the eleventh line "section 3 of. s. 33 (2), re-enacted (2) Subsection 33 (2) of the said Act is repealed and the following substituted therefor: Idem (2) Where no letters patent from the Crown have issued granting land in respect of which tax remains unpaid for a period of two years or more, the collector may, notwithstanding the requirement in subsection (1) of registering a caution, commence the forfeiture proceedings described therein by sending by regis- tered mail to the persons described in that subsection, the notice of liability to forfeiture described therein. s. 33 (8), amended (3) Subsection 33 (8) of the said Act is amended by striking out "in red ink" in the fourth line. s. 35, amended 18. Section 35 of the said Act is amended by striking out "owner" in the first line and inserting in lieu thereof "person". s. 38 (a, d, e), re-enacted 1 9. — (1) Clauses 38 (a), {d) and (e) of the said Act are repealed and the following substituted therefor: (a) defining any word or expression used in this Act that has not already ben expressly defined in this Act; {d) for the purposes of subsection 10 (13), amending the table of rates set out in subsection 10 (3) and changing the year up to which depreciation shall be allowed set out in subsection 10 (12); {da) for the purposes of subsection 10 (14), designating sec- ond and subsequent pipe lines and prescribing the per- centage of the rates set out in subsection 10 (3) at which second and subsequent pipe lines shall be assessed and taxed; ""^^ {e) designating pipes in addition to those mentioned in clause 10 (1) (c) as pipe lines. s. 38, amended (2) Section 38 of the said Act is amended by adding thereto the following clauses: 11 (h) providing for the payment of interest on any refund or rebate of tax that is authorized by this Act; (i) prescribing any rate of interest that is to be prescribed and the method by which it is to be calculated; ■{j) designating classes of land and declaring gross receipts from business carried on on such lands to be exempt, wholly or partially from the tax imposed under section 11. (3) The said section 38 is further amended by adding thereto the ^J^\ . following subsections: (2) The Minister may make regulations, b^M'Sr (a) prescribing, defining or determining anything that he is permitted or required by this Act to prescribe, define or determine; (6) prescribing any form, return or bill required by this Act or the regulations or that, in his opinion, will assist in the administration of this Act, and prescribing how and by whom any form, return or bill shall be completed and what information it shall contain. (3) A regulation is, if it so provides, effective with reference to Retroactivity a period before it was filed. 20. — (1) This Act, except section 11 and subsection 12 (5), comes into Commence- force on the 1st day of January, 1983. '"^" (2) Section 11 and subsection 12 (5) come into force on the 1st Wem day of April, 1983. 21 . The short title of this Act is the Provincial Land Tax Amendment Short title Act, 1982. ST O '-^ O 0^ 3 Pi. (X5 00 •nd o > < 3 3 o > o S] ^-^ (-^ r^ O w »3 3 3 3 X l-»- 3" > a> BILL 113 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Provincial Land Tax Act The Hon. G. L. Ashe Minister of Revenue TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 113 1982 An Act to amend the Provincial Land Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . — (1) Subclauses 1 (c) (vi) and (vii) of the Provincial Land Tax Act, ^ .^ (^) being chapter 399 of the Revised Statutes of Ontario, 1980, repealed are repealed. (2) Clauses 1 (h), (j) and (k) of the said Act are repealed. ^ ' (^/' *)- repealed (3) Section 1 of the said Act is amended by adding thereto the* ^' . . c ^^ ■ ^ ^ o amended followmg clauses: (/> ) "tenant" includes an occupant and the person in posses- sion other than the owner; ig) "Treasurer" mean the Treasurer of Ontario and Minis- ter of Economics. 2. Subsection 3 (1) of the said Act is amended by adding thereto the* ^ ^V', - ,, . , ^ CT amended lollowmg paragraph: 19. All the machinery, plant and appliances, wherever Certain situate, and all structures placed on, over, under or telephone and affixed to any highway, lane or other public communi- ^^'^^raph -^ " -^ ' '^ companies cation, public place or water so long as such machinery, plant, appliances or structures are used by any tele- phone or telegraph company in connection with and as part of the operations of its telephone or telegraph busi- ness. 3. Subsection 5 (2) of the said Act is repealed and the following* ^ ^^^i , . ' ^ "^ re-enacted substituted therefor: (2) The collector may at any time assess or amend the assess- Assessment ment of any land liable to assessment and taxation under this Act of assessment and, subject to section 22, such land shall be assessed against the owner thereof and against the tenant to the extent of the assessed value of the portion of the land occupied by the tenant, and the collector shall forthwith notify the owner and the tenant of such land of the assessment or the amendment. s. 6, 4. Section 6 of the said Act is amended by inserting after "owner" in ^"^^^ ^ the third line "and tenant". s. 9, 5. Section 9 of the said Act is repealed and the following substituted re-enacted ,i r theretor: Return 9. The collector may at any time mail a form of return in a form prescribed by the Minister to any person to whom this Act applies in order to determine liability to tax under this Act, and such person shall complete and return it within thirty days from the date of mailing by the collector. s. 10 (1-3), 6. — (1) Subsections 10 (1), (2), (3) and (4) of the said Act are repealed s^ 10T4)! ■ ^^^ the following substituted therefor: repealed Interpretation (1) In this SCCtion, (a) "gas" means natural gas, manufactured gas or propane or any mixture of any of them; (b) "oil" means crude oil or liquid hydrocarbons or any product or by-product thereof; (c) "pipe line" means, subject to subsection (3), a pipe line for the transportation or transmission of gas that is designated by the owner as a transmission pipe line and a pipe line for the transportation or transmission of oil, and includes, (i) all valves, couplings, cathodic protection apparatus, protective coatings and casings, (ii) all haulage, labour, engineering and overheads in respect of such pipe line, (iii) any section, part or branch of any pipe line, (iv) any easement or right of way used by a pipe line company, and (v) any franchise or franchise right, but does not include a pipe line or lines situate wholly within an oil refinery, oil storage depot, oil bulk plant or oil pipe line terminal; id) "pipe line company" means every person, firm, partnership, association or corporation owning or operating a pipe line all or any part of which is situate in Ontario. (2) All disputes as to whether or not a gas pipe line is a trans- Disputes mission pipe line shall, on the application of any interested party, be decided by the Ontario Energy Board and its decision is final. (3) Notwithstanding any other provision of this Act, a pipe Assessment line shall be assessed for taxation purposes at the following rates: imr^^ Oil Transmission Pipe Line Size of Pipe Assessment per Foot of Length Va' to r. . . Nominal Inside Diameter $ 1.20 ly/to i'/2". 2" and 21/2' •• 3* 4" and 41/2". • 5" and 5%".. 6" and 6%" . . 8" " '.'.'.'.'. 1.45 1.70 2.20 2.70 3.20 3.70 5.90 10" 12" 6.80 8.55 14" Outside Diam eter 920 16" 10.35 18" " 11.45 20" 12.45 22" 13.75 24" 14.80 26" 15.70 28" 16.75 30" 17.70 32" 18.65 34" 19.50 36' 20.35 38" 21.15 Field and GAXHfiRiNG Pipe Line Size of Pipe Assessment per Foot of Length 34' to 1" . . . - Nominal TnsiHe niameter . . . . $ .90 11/4" to 11/2"... 2" and2i/2'--.- 3" 4" and4i/2"..-. 5" andSyg"--- 6" and 6%" .... 8' 1.09 1.31 1.69 2.10 2.47 2.89 4.65 10" 12" 5.44 6.90 Gas Transmission Pipe Line 3// tor.... Nominal Inside D 11/4' to 11/2'... 2" and 2 1/2".... 3' ' 4' and 41/2'. •• 5" and 5%". . . 6" and 6%'. . . . 8' ' 10" • 12" " 14" Outside Diameter 16" 18" 20" 22" 24" 26" 28" 30" 32" 34" 36" 38" 42" » I 1.20 1.45 1.75 2.25 2.80 3.30 3.85 6.20 7.25 9.20 10.00 11.40 12.75 14.00 15.65 17.00 18.25 19.70 21.10 22.50 23.80 25.15 26.70 29.50 s. 10, amended (2) Section 10 of the said Act is amended by adding thereto the following subsections: Reduction of assessment on pipe line (10) Where a pipe line has been constructed and used for the transportation of oil or gas and ceases to be so used by reason of an order or regulation of an authority having jurisdiction in that behalf, other than the taxing authority, and an application to the proper authority for permission to abandon such pipe line has been refused, the assessment of such pipe line shall be reduced by 20 per cent so long as it is not used for the transportation of oil or gas. Pipe line deemed to be land (11) For the purpose of the tax under this Act, a pipe line or any part thereof situate in territory without municipal organiza- tion shall be deemed to be land to which this Act applies. Depreciation of pipe lines (12) A pipe line installed before 1970 shall be assessed for taxation at the rates set forth in subsection (3) but shall be depre- ciated up to the year 1970 at the rate of 5 per cent of the assessed value of the pipe line every three years from the year of installa- tion, with a maximum depreciation of 55 per cent, and no allow- ance of depreciation shall be made with respect to a pipe line that is installed during or after 1970. Review of rates, etc. (13) The rates set out in subsection (3) and the year up to which depreciation is allowed set out in subsection (12) shall be reviewed by the Minister in 1986 and every third year thereafter and in any such year the Lieutenant Governor in Council may by regulation amend or re-enact the table of rates set out in subsec- tion (3) or change the year up to which depreciation is allowed set out in subsection (12). (14) Notwithstanding any provision of this section to the con- where two trary, the Lieutenant Governor in Council may, where two or pipei'h^es more pipe lines occupy the same right-of-way, by regulation, occupy same designate the second and subsequent pipe lines and, by regula- tion, prescribe the percentage of the rates set out in subsection (3) at which the second and subsequent pipe lines are assessable and taxable and the percentages of rates as so prescribed shall apply until such percentages of rates are altered. 7. Section 11 of the said Act is repealed and the following substituted ^- ^^' _, ^ re-enacted therefor: 11. — (1) Every telegraph and telephone company doing busi- Returns by ness in Ontario in territory without municipal organization shall, telephone on or before the 1st day of March in each year, transmit to the <^°"'p^"'** collector a statement in writing of the amount of the gross receipts of the company from the business it carries on in such territory without municipal organization for the next preceding year ending on the 31st day of December. (2) In determining the amount of the gross receipts of a tele- Apportion- phone company in territory without municipal organization gross under subsection (1), a telephone company shall apportion the '^^"'p^^ total gross receipts of the company in all of Ontario to territory without municipal organization in the proportion that the number of telephones connected to the company's system in ter- ritory without municipal organization bears to the total number of telephones connected to the company's system in all of Ontario as of the 31st day of December of the year in respect of which the statement is transmitted. (3) For the purposes of subsection (1), gross receipts of a tele- What phone company shall be the total of regularly recurring revenue gross arising from telephones and other equipment and shall include ""eceipts revenue from long distance calls. (4) In each year there is payable by every telegraph and tele- Rate of phone company that is required to file a statement under subsec- tion (1), an annual tax of an amount equal to 5 per cent of the total gross receipts that are required to be shown by the company in the statement to be transmitted by it for that year under sub- section (1). (5) The tax levied under this section shall be for the calendar year and becomes due and is payable on the 31st day of March in the year in which it is imposed, and a bill for the amount imposed shall be mailed by the collector to the head office of every tele- graph and telephone company subject to the tax under this section or to such other address as the company has directed in writing to the collector, on or before the 15th day of March in the year in which the tax is payable. Idem (6) The bill shall show the amount of the gross receipts upon which the tax is imposed, the rate of the tax imposed, the amount of tax payable and such other information as may be prescribed. Collector not bound by statements (7) The collector is not bound by a statement delivered under this section by any telephone or telegraph company and may, notwithstanding a statement so delivered, or if no statement has been delivered as required, determine the tax payable under this section by the company. Application to Supreme Court (8) Where any person taxed under this section disputes the amount of tax billed, he may apply to the Supreme Court of Ontario for a determination of the proper amount of tax payable, but no application under this section shall be instituted after the expiration of ninety days from the day the tax bill provided for under this section has been mailed. How action instituted (9) An application to the Supreme Court shall be instituted by serving on the Minister and the collector a notice of motion which is returnable not sooner than sixty days from the date of such service and by filing a copy thereof with the Registrar of the Supreme Court of Ontario or the local registrar of the Supreme Court for the county or district in which the taxpayer has its head office. Service (10) The notice of motion shall be served on the Minister and on the collector being sent by registered mail addressed to each or by personal service. Matter deemed action (11) Upon the filing of the notice of motion with the Registrar of the Supreme Court or the local registrar of the Supreme Court for the county or district in which the taxpayer has its head office, the matter shall be deemed to be an action in the court. s. 21 (1), amended 8. Subsection 21 (1) of the said Act is amended by adding at the end thereof "by the owner of such land". s. 22 (2) (c), amended 9. — (1) Clause 22 (2) (c) of the said Act is amended by inserting after "tenant" in the first line "in addition to its meaning under section 1,". s. 22, amended (2) Section 22 of the said Act is amended by adding thereto the following subsection: (3) Notwithstanding subsection 21 (1), every person assessed Persons liable under this section is liable to pay the taxes assessed against him and in addition, the interest in such land, if any, of every person other than the Crown is subject to the special lien on land for taxes provided for in section 26. 10. Subsection 23 (1) of the said Act is amended by striking out "by s. 23 (i), this Act" in the second line and inserting in lieu thereof "under section 3" and by striking out "owner of land subject to taxation" in the fifth line and inserting in lieu thereof "person liable to pay such tax". 1 1 . Section 24 of the said Act is repealed and the following substituted * ^'^' , "^ " re-enacted therefor: 24. Except as otherwise provided in this Act, where any tax Penalty and interest on under this Act remains unpaid on the 1st day of April in the year unpaid tax for which it is payable, a penalty of 10 per cent shall be added thereto, but such penalty shall not in any case be less than $6 and in addition such tax and penalty shall bear interest at such rate as is prescribed from the 1st day of April until the tax and penalty are paid and for all purposes the amount of such tax, penalty and interest shall be deemed to be tax due and payable under this Act. 12. — (1) Subsection 25 (3) of the said Act is amended by striking out s- 25 (3), "notwithstanding the receipt of a notice under section 9" in the second line. (2) Subsection 25 (4) of the said Act is repealed. regaled' (3) Subsection 25 (5) of the said Act is amended by striking out « 25 (S), ,,,,„.,,,. amended or (4) m the second hne. (4) Subsection 25 (6) of the said Act is amended by striking out ^ 25 (6), "(2), (3) or (4)" in the second line and inserting in lieu thereof "(2) or (3)". (5) Subsection 25 (7) of the said Act is repealed and the following * ^s (7), - , - _ — re~en3cieci substituted therefor: (7) Where any tax or arrears of tax billed under subsection (6) Penalty and interest on remains unpaid after the due date, a penalty of 10 per cent shall unpaid tax be added thereto, but such penalty shall not in any case be less than $6 and in addition such tax or arrears of tax and penalty shall bear interest at such rate as is prescribed from the due date until paid and for all purposes the amount of such tax, arrears of tax, penalty and interest shall be deemed to be tax due and payable under this Act. 13. Subsection 26 (2) of the said Act is repealed and the following «■ 26(2), substituted therefor: ^2"%%'), enacted Recovery of tax (2) Act, Upon default of payment of any tax payable under this Compliance to be proveci bv affidavit Remedies for recovery of tax s. 27, re-enacted Garnishment Idem {a) the collector may bring an action for the recovery thereof in any court in which a debt or money demand of a similar amount may be collected, and every such action shall be brought and executed in the name of office of the collector and may be continued by his suc- cessor in office as if no change had occurred and shall be tried without a jury; and ib) the collector may issue a warrant directed to the sheriff of the district in which any property of a person liable to pay any tax under this Act is located or situate for the amount of the tax owing by him, together with interest thereon from the date of the issue of the warrant and the costs and expenses of the sheriff, and such warrant has the same force and effect as a writ of execution issued out of the Supreme Court. (3) For the purpose of any proceeding taken under this Act, the facts necessary to establish compliance on the part of the collector with this Act as well as the failure of any person to comply with the requirements of this Act shall, unless evidence to the contrary satisfactory to the court is adduced, be suffi- ciently proved in any court of law by affidavit of the Minister or of any officer of the Ministry. (4) The use of any of the remedies provided by this section, or section 27 or 33, does not bar or affect any of the other remedies therein provided, and the remedies provided by this Act for the recovery and enforcement of the payment of any tax imposed by this Act are in addition to any other remedies existing by law, and no action or other proceeding taken in any way prejudices, limits or affects any lien, charge or priority existing under this Act or at law in favour of the Crown. 14. Section 27 of the said Act is repealed and the following substituted therefor: 27. — (1) When the collector has knowledge or suspects that a person is or is about to become indebted or liable to make any payment to a person liable to pay any tax under this Act, he may, by registered letter or by a letter served personally, require the first-named person to pay the moneys otherwise payable to the second-named person in whole or in part to the Treasurer on account of the liability under this Act. (2) The receipt of the Treasurer for moneys paid as required under this section is a good and sufficient discharge of the origi- nal liability to the extent of the payment. (3) Every person who has discharged any habihty to a person Liability liable to pay any tax under this Act without complying with the requirements under this section is liable to pay to the Treasurer an amount equal to the liability discharged or the amount that he was required under this section to pay to the Treasurer, whichever is the lesser. (4) Where a person who is or is about to become indebted or Service on liable to make a payment to a person liable to pay any tax under ^^™^ ^^ this Act carries on business under a name or style other than his own name, the registered or other letter under subsection (1) may be addressed to the name or style under which he carries on business and, in the case of personal service, shall be deemed to have been validly served if it has been left with an adult person employed at the place of business of the addressee. (5) Where the persons who are or are about to become in- Wem debted or liable to make a payment to a person liable to pay any tax under this Act carry on business in partnership, the registered or other letter under subsection (1) may be addressed to the partner- ship name and, in the case of personal service, shall be deemed to have been validly served if it has been served on one of the partners or left with an adult person employed at the place of business of the partnership. (6) Subject to the provisions of the Wages Act, where the col- Garnishment lector has under this section required an employer to pay to the ^ g q jggQ Treasurer on account of an employee's liability under this Act c. S26 moneys otherwise payable by the employer to the employee as remuneration, the requirement is applicable to all future pay- ments by the employer to the employee in respect of remunera- tion until the liability under this Act is satisfied and operates to require payments to the Treasurer out of each payment of remuneration of such amount as may be stipulated by the col- lector in the registered letter or letter served personally. (7) Where any person, without reasonable excuse, has failed Failure to remit to the Treasurer the moneys as required under this section, the collector may apply before a judge of the Supreme Court for an order directing such person to remit the moneys which he has failed to remit. 1 5. Section 29 of the said Act is repealed and the following substituted » 29, re-enacted therefor: 29. A tax bill shall be deemed to be delivered to an owner or Delivery of tax bills tenant of land to which this Act applies or to his agent or rep- resentative where it is mailed post paid to the latest known address of such owner, tenant, agent or representative. 16. Section 31 of the said Act is amended by adding thereto the fol- « 3i, , . , . ^ a amended lowing subsection: 10 Refunds of tax on gross receipts (4) The collector may in any year reduce, refund or pay to the municipality any part of the tax imposed under section 11 on gross receipts where such receipts arose from telephones or other equipment situate in, on or under land that became part of a municipality in such year. s. 33 (1), amended 1 7. — (1) Subsection 33 (1) of the said Act is amended by inserting after "under" in the first line and in the eleventh line "section 3 of. s. 33 (2), re-enacted (2) Subsection 33 (2) of the said Act is repealed and the following substituted therefor: Idem (2) Where no letters patent from the Crown have issued granting land in respect of which tax remains unpaid for a period of two years or more, the collector may, notwithstanding the requirement in subsection (1) of registering a caution, commence the forfeiture proceedings described therein by sending by regis- tered mail to the persons described in that subsection, the notice of Hability to forfeiture described therein. s. 33 (8), amended (3) Subsection 33 (8) of the said Act is amended by striking out "in red ink" in the fourth line. s. 35, amended 18. Section 35 of the said Act is amended by striking out "owner" in the first line and inserting in lieu thereof "person". s. 38 {a, d, e), re-enacted 19. — (1) Clauses 38 (a), {d) and (e) of the said Act are repealed and the following substituted therefor: (a) defining any word or expression used in this Act that has not already ben expressly defined in this Act; {d) for the purposes of subsection 10 (13), amending the table of rates set out in subsection 10 (3) and changing the year up to which depreciation shall be allowed set out in subsection 10 (12); {da) for the purposes of subsection 10 (14), designating sec- ond and subsequent pipe lines and prescribing the per- centage of the rates set out in subsection 10 (3) at which second and subsequent pipe lines shall be assessed and taxed; {e) designating pipes in addition to those mentioned in clause 10 (1) (c) as pipe lines. s. 38, amended (2) Section 38 of the said Act is amended by adding thereto the following clauses: 11 (h) providing for the payment of interest on any refund or rebate of tax that is authorized by this Act; (i) prescribing any rate of interest that is to be prescribed and the method by which it is to be calculated; ij) designating classes of land and declaring gross receipts from business carried on on such lands to be exempt, wholly or partially from the tax imposed under section 11. (3) The said section 38 is further amended by adding thereto the ^j^'^g^', ■ following subsections: (2) The Minister may make regulations, Regulations ^ ' J o J jjy Minister (a) prescribing, defining or determining anything that he is permitted or required by this Act to prescribe, define or determine; (6) prescribing any form, return or bill required by this Act or the regulations or that, in his opinion, will assist in the administration of this Act, and prescribing how and by whom any form, return or bill shall be completed and what information it shall contain. (3) A regulation is, if it so provides, effective with reference to Retroactivity a period before it was filed. ■ 20. — (1) This Act, except section 11 and subsection 12 (5), comes into Commence- force on the 1st day of January, 1983. '"'^"' (2) Section 11 and subsection 12 (5) come into force on the 1st w^m day of April, 1983. 21 . The short title of this Act is the Provincial Land Tax Amendment Short title Act, 1982. H g 5 C/5 ffi o O ►-^ o ?o CD r < > C c« (T! ffi W CD tSJ 4^ >3 tSJ r-<- c^ 3 jr Ci CL ©- f*4. 1— ' s )— A o 0^ vO (» CX) 0^ 00 TJ o > < 3 3 o > n S] r O 03 W a 3 H 3 CI. X (-*• 3^ > n> BILL 114 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Corporations Tax Act The Hon. G. L. Ashe Minister of Revenue TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes Section 1. This section re-enacts subsection 12 (6) relating to the S/14ths inclusion in income of a rent, royalty or similar payment made to a related non-resident. The words "and that has included that amount in computing its taxable income earned in Canada" have been added at the end of subsection (6) to make it clear that the payer corporation will not be exempt from including S/14ths of the payment in its income unless the non-resident corporation has in fact been taxed on that amount under the Ontario Act. Subsection 12 (6a) is enacted to make it clear that a payment to a non-resi- dent person which would otherwise be subject to the 5/14ths inclusion in income under subsection 12 (6) will still be subject to such inclusion if made to a person resident in Canada outside of Ontario, where such person is related to a non-resi- dent person that controls the payer. BILL 114 1982 An Act to amend the Corporations Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Subsection 12 (6) of the Corporations Tax Act, being chapter 97 of ^ ^^ (6), the Revised Statutes of Ontario, 1980, is repealed and the follow- s. 12 (6a),' \ ing substituted therefor: enacted (6) Where an amount in respect of, Management fee, rent and similar (a) a management or administration fee or charge; non'^esident to be included ib) a rent, royalty or a similar payment; or '" '"'^°'"^ (c) a right in or to the use of motion picture film or films or video tapes for use in connection with television that have been or are to be used or reproduced in Canada, is paid or payable by a corporation to a non-resident person with whom it was not dealing at arm's length, the corporation shall include 5/14ths of such amount in computing its income from a business or property for the taxation year in which the amount was subjected to tax under paragraph 212 (l)(a), {d) or {e) of the Income Tax Act (Canada) or subsection 212 (5) of that Act, R s.c. 1952, except that clause {b) does not apply where the non-resident person to whom the amount is paid or payable is a corporation that is liable to the taxes imposed under this Act by virtue of clause 2 (2) {b) or clause 2 (3) ib) and that has included that amount in computing its taxable income earned in Canada. (6a) Where an amount to which subsection (6) would have idem applied if it had been paid or payable to a non-resident person is paid or payable by a corporation (in this subsection referred to as the "payer") to a related person resident in Canada other than in Ontario and that person is related to another person not resident in Canada that controls the payer, the payer shall include 5/14ths of such amount in computing its income from a business or prop- erty for the taxation year. s. 33 (1), re-enacted 2. — (1) Subsection 33 (1) of the said Act is repealed and the following substituted therefor: Small business incentives R.S.C. 19S2, c. 148 (1) There may be deducted from the tax otherwise payable under this Part for a taxation year by a corporation that, with respect to that taxation year, is eligible for a deduction under section 125 of the Income Tax Act (Canada), an amount equal to, (a) 4 per cent of the amount determined under subsection (2); or {b) 14 per cent of the amount determined under subsection (2) where the corporation has for a tax exempt year made a deduction under subsection 125 (1) of the Income Tax Act (Canada). s. 33 (2) (a, b), re-enacted (2) Clauses 33 (2) (a) and (b) of the said Act are repealed and the following substituted therefor: (a) with respect to a corporation to which subsection 125 (1) of the Income Tax Act (Canada) applies, that prop- ortion of the least of the amounts determined under paragraphs 125 (1) (a), (b), (c) and {d) for the taxation year, not exceeding $200,000; and ib) with respect to a corporation to which subsection 125 (1.1) of the Income Tax Act (Canada) applies, that proportion of the lesser of the amounts determined under paragraphs 125 (1.1) (a) and (b) for the taxation year, not exceeding $200,000, s. 33, amended Definition, tax exempt year Interpre- tation, non-arm's length transactions (3) Section 33 of the said Act is amended by adding thereto the following subsections: (2a) For the purpose of clause (1) (b), a "tax exempt year" of a corporation is a taxation year ending after the 13th day of May, 1982 and before the 14th day of May, 1984, but in no case shall a corporation have more than two tax exempt years. {2b) For the purpose of subsection (2a), where at any time after the 13th day of May, 1982, property of a corporation (hereinafter referred to as the "vendor") is acquired, by purchase or otherwise (including an acquisition as a result of an amalga- mation described in section 87 of the Income Tax Act (Canada) ), by another corporation (hereinafter referred to as the "pur- chaser") not dealing at arm's length with the vendor, and the property constitutes all or substantially all of the property of the vendor or the purchaser, as the case may be, any tax exempt year Section 2. This section makes several amendments to section 33 of the Act relating to the small business incentives. Subsection 2 (1) adds clause {b) to subsection 33 (1) in order to provide that for small businesses eligible for the deduction from tax under subsection 125 (1) oi the Income Tax Act (Canada), the small business incentive deduction under section 33 of this Act will be 14 per cent for the tax exempt years of such corporations, being any two taxation years ending after May 13, 1982 and before May 14, 1984. Subsection (2) of this section amends clauses 33 (2) (a) and {b) to increase the limit for the amounts eligible for the small business incentive deduction to $200,000 from $150,000, in line with the proposed increase of the annual business limit of a corporation under section 125 of the Income Tax Act (Canada). Subsection (3) of this section enacts new subsections 33 (2a) and {2b). Sub- section 33 (2a) defines the tax exempt year of a corporation and is any taxation year ending after May 13, 1982 and before May 14, 1984, but there shall not be more than two tax exempt years. Subsection 33 (2b) clarifies the definition of tax exempt year to prevent additional claims for the exemption in the case of certain types of non-arm's length transfers and reorganizations. Section 3. This section makes several amendments to section S3 of the Act relating to the calculation of paid-up capital for banks and loan and trust corporations. The new subsection (2) amends the terminology for banks to bring it in line with the new terminology in the Bank Act (Canada). There is no change in policy involved in this amendment. Subsection 53 (5) is enacted to make it clear that where a bank has included in its "retained earnings" its share of the earnings of a subsidiary or controlled corporation, such amount will not be required to be included in its retained earnings for purposes of calculating its paid-up capital under section 53. This will avoid the double taxation of the amount excluded by the amendment since the subsidiary or controlled corporation may be required to include that amount in its paid-up capital. Subsection 53 (6) is enacted to make the same amendment for loan and trust corporations as is being made for banks under the new subsection 53 (5). Subsection 53 (7) is enacted to make it clear that the indebtedness of a corporation which is to be included in paid-up capital pursuant to clause 53 (1) ie) includes, in the case of a corporation that is the beneficiary of a trust, a portion of the indebtedness to which the property of the trust is subject equal to the cor- poration's beneficial interest in the trust. This does not represent a change in policy. Section 4. This section adds two new subsections to section 54 of the Act. Subsection 54 (2a) clarifies the meaning of "total assets" for the purpose of calculating the investment allowance under clause 54 (1) (c). The amendment makes it clear that where the corporation is a partner of a partnership, the corporation's "total assets" will include the same proportion of the total assets of the partnership as the corporation's share of the profits of the partnership. This does not represent a change of policy. of the vendor for which the vendor has made a deduction under clause (1) (b), ending in or before the taxation year of the pur- chaser in which the property was acquired, shall be deemed to be a tax exempt year of the purchaser for which the purchaser has made a deduction under clause (1) (b). 3. — (1) Subsection 53 (2) of the said Act is repealed and the following ^^ ^3 (2) substituted therefor: (2) Notwithstanding subsection (1), the taxable paid-up capi- Taxable tal of a bank for a taxation year is its taxable paid-up capital as it capital stood at the close of the taxation year, and includes, °^ ^^"'^^ {a) its paid-up capital stock; (b) its contributed surplus, its general reserve, and all of its other reserves, whether created from income or other- wise, except any reserve the creation of which is allowed as a charge against income under the provi- sions of Part II; and Uivotr (c) its retained earnings, its capital surplus, and any other surplus not included by virtue of clause {b). (2) Section 53 of the said Act, as amended by the Statutes of ^ 5-^' ^ amended Ontario, 1981, chapter 37, section 10, is further amended by adding thereto the following subsections: (5) For the purpose of subsection (2), in computing the taxable ["["P""!" „j^ paid-up capital of a bank there shall be excluded any amount that represents its share of the accumulated earnings or losses of another corporation, and there shall be included the amount of any dividends received from that other corporation. (6) For the purpose of subsection (3), in computing the taxable Jnterpfe- paid-up capital of a corporation registered under the Loan and and trust Trust Corporations Act there shall be excluded any amount that corporations ^ . , - , , , . , c R so. 1980, represents its share oi the accumulated earnings or losses oi c. 249 another corporation, and there shall be included the amount of any dividends received from that other corporation. (7) For the purpose of clause (1) (e), the indebtedness of a interpre- • 1 • 1 1 r- ■ r 1 11 • 1 1 1 tation, trusts corporation that is the beneficiary of a trust shall include the same proportion of the indebtedness of the trust secured by the assets of the trust as its beneficial interest in the trust. 4. Section 54 of the said Act, as amended by the Statutes of Ontario, ^ ^'*' , ' -^ amended 1981, chapter 37, section 11, is further amended by adding thereto the following subsections: Interpre- tation, "total assets" (2a) l^or the purpose of clause (1) (c), "total assets" of a cor- poration includes the same proportion of the total assets of a partnership of which the corporation is a partner as the share of the profits of the partnership to which the corporation is entitled under the partnership agreement, but does not include the amount invested by the corporation in the partnership. Interpre- tation, "any other surplus" (2b) For the purpose of this Part, "any other surplus" includes, in addition to any amount included therein by virtue of subsection (3), any amount required to be included in income for the purpose of Part 11, other than, (a) an amount referred to in subsections 12 (6) and (6a); and R.S.C. C. 148 1952, (b) an amount referred to in paragraph 12 (1) (o), subsec- tions 15 (1) and (2), 17 (1) and subsection 37.1 (3) of the Income Tax Act (Canada) as made applicable by virtue of subsection 12 (1) of this Act, to the extent that such amount is not included in the corpora- tion's income as shown in its financial statements. s. 70 (2) (a), re-enacted 5.— (1) Clause 70 (2) (a) of the said Act, as re-enacted by the Statutes of Ontario, 1981, chapter 37, section 14, is repealed and the following substituted therefor: (a) on or before, (i) the last day of each month of the taxation year in respect of which the tax is payable, an ins- talment equal to one-twelfth of, (A) the tax payable as estimated by it for the taxation year, or (B) its first instalment base for the taxation year, or (ii) the last day of each of the first two months of the taxation year in respect of which the tax is payable an instalment equal to one-twelfth of its second instalment base for the taxation year, and on or before the last day of each of the following ten months of the taxation year an instalment equal to one-tenth of the amount remaining after deducting the amount com- puted pursuant to this subclause in respect of the first two months of the taxation year from, Subsection 54 {2b) is enacted to make it clear that in calculating paid-up capital, "any other surplus" will include any amount that is required to be included in income for purposes of Part II but is not included in its retained earnings for book purposes. Exception is provided with respect to certain amounts. Section S. This section amends clause 70 (2) (a) regarding the methods for paying tax by instalments. Subclause (i) is amended to make it clear that the first two options of the corporation are to pay either 1/1 2th of the tax payable as estimated by it for the year or l/12th of its first instalment base. Subclause (ii) is amended to give the corporation a fourth option. The existing third option is retained, namely, the option of basing its first two payments on its second instal- ment base and the remaining ten instalments on its first instalment base; the additional option is to base the remaining ten instalments on its tax payable as estimated by it for the current year. Subsection (2) of this section enacts subsections 70 (8) and (9). Subsection 70 (8) provides that where the taxation year of a corporation does not end on the last day of a month, then the instalments will be required on the day of a month corresponding to the day on which the taxation year ends. Subsection 70 (9) is complementary to the amendment made by section 2 of the Bill and provides that for a corporation which is entitled to the deduction under clause 33 (1) (6), the instalments required for a taxation year ending after a tax exempt year will be calculated as if it had not been entitled to the deduction under clause 33 (1) (b) but was only entitled to the deduction under clause 33 (1) (a). Since the instalments for a taxation year may be based on the tax payable for a previous taxation year, this provision was necessary to ensure payment of the proper amount of instalments for a taxation year ending after a tax exempt year of the corporation. Section 6. This section enacts a new subsection 75 (la) to provide that where a corporation eligible for the deduction under clause 33 (1) {b) has paid instalments for its first taxation year ending after May 13, 1982, the corporation may apply for a refund of any overpayment of instalments resulting from the deduction under clause 33 (1) (b). This amendment is complementary to the amendment made by section 2 of the Bill. Section 7. This section amends subsection 76 (2) and is complementary to the amendments made by sections 2 and 6 of the Bill. This amendment pro- vides that no interest will be payable on any refunds made pursuant to the new subsection 75 (la). (A) the tax payable as estimated by it for the taxation year under subclause (i), or (B) its first instalment base for the taxation year. (2) Section 70 of the said Act, as amended by the Statutes of ^ 7o, Ontario, 1981, chapter 37, section 14, is further amended by adding thereto the following subsections: (8) For the purpose of subsection (2), where the taxation year ^'^^'^ of a corporation does not end on the last day of a calendar month, any reference in the said subsection (2) to the last day of a month shall be deemed, in respect of that corporation, to be a reference to the day of that month corresponding to the day on which the previous taxation year ended, except that where the previous taxation year ends on the 29th, 30th or 31st day of a month, the said reference to the last day of a month shall, with respect to the month of February, be deemed to be a reference to the last day of that month. (9) For the purpose of calculating, for a corporation to which i^*^'" clause 33 (1) (b) applied in a previous taxation year, the instal- ments required under clause (2) (a) for a taxation year other than a tax exempt year as defined in subsection 33 {2a), and for the purpose of calculating its first instalment base and second instalment base for that taxation year, the corporation shall be deemed to have made a deduction from tax under clause 33 (1) (a) and not 33 (1) {b). 6. Section 75 of the said Act is amended by adding thereto the fol- « ^s, , . , , . amended lowmg subsection: (la) Where a corporation is eligible for the deduction from tax ^^1'^'" under clause 33 (1) (b) in respect of its first taxation year ending after the 13th day of May, 1982, and it has paid instalments of tax in accordance with clause 70 (2) (a) in respect of that taxation year, the Minister may make a refund of such instalments if application therefor has been made in writing by the corporation prior to the date of assessment under section 73. 7. Subsection 76 (2) of the said Act is repealed and the following ^ 76(2), substituted therefor: (2) Subsection (1) does not apply with respect to any refund or Application amount to which subsection 75 (la) or (5) applies. 8. — (1) Subsection 5 (1) and subsection 70 (8) of the said Act, as Commence- enacted by subsection 5 (2) of this Act, shall be deemed to have application come into force on the 1st day of January, 1981 and apply to corporations in respect of all taxation years ending after 1980. Idem (2) Section 1 shall be deemed to have come into force on the 14th day of May, 1982 and applies to payments made after the 13th day of May, 1982. Idem (3) Subsections 2 (1) and (3), sections 3 and 4, subsection 70 (9) of the said Act, as enacted by subsection 5 (2) of this Act, and sections 6 and 7 shall be deemed to have come into force on the 14th day of May, 1982 and apply to corporations in respect of all taxation years ending after the 13th day of May, 1982. Idem (4) Subsection 2 (2) shall be deemed to have come into force on the 1st day of January, 1982 and applies to corporations in respect of all taxation years ending after 1981. Short title 9. The short title of this Act is the Corporations Tax Amendment Act, 1982. 2 bo ST o I-! 2; o >d • PL 0^ &3 ►~* v: 3 ? ;^ S- »—' s' vO (X3 n > o 3 T3 O > o ft: '"'" o' O 3 ft3 c/> 3 H n 05 3 X a BILL 114 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Corporations Tax Act The Hon. G. L. Ashe Minister of Revenue TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 114 1982 An Act to amend the Corporations Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Subsection 12 (6) of the Corporations Tax Act, being chapter 97 of ^^ enaaed the Revised Statutes of Ontario, 1980, is repealed and the follow- s. 12 (6a),' ing substituted therefor: enacted (6) Where an amount in respect of. Management similar non-resident to be included in income (a) a management or administration fee or charge; non^esTden (b) a rent, royalty or a similar payment; or (c) a right in or to the use of motion picture film or films or video tapes for use in connection with television that have been or are to be used or reproduced in Canada, is paid or payable by a corporation to a non-resident person with whom it was not dealing at arm's length, the corporation shall include 5/14ths of such amount in computing its income from a business or property for the taxation year in which the amount was subjected to tax under paragraph 212 (l)(a), (d) or {e) of the Income Tax Act (Canada) or subsection 212 (5) of that Act, RSC- i952, except that clause {b) does not apply where the non-resident person to whom the amount is paid or payable is a corporation that is liable to the taxes imposed under this Act by virtue of clause 2 (2) (b) or clause 2 (3) {b) and that has included that amount in computing its taxable income earned in Canada. (6a) Where an amount to which subsection (6) would have ^^em applied if it had been paid or payable to a non-resident person is paid or payable by a corporation (in this subsection referred to as the "payer") to a related person resident in Canada other than in Ontario and that person is related to another person not resident in Canada that controls the payer, the payer shall include 5/14ths of such amount in computing its income from a business or prop- erty for the taxation: year. s. 33 (1), re-enacted 2. — (1) Subsection 33 (1) of the said Act is repealed and the following substituted therefor: Small business incentives R.S.C. 1952, c. 148 (1) There may be deducted from the tax otherwise payable under this Part for a taxation year by a corporation that, with respect to that taxation year, is eligible for a deduction under section 125 of the Income Tax Act (Canada), an amount equal to, {a) 4 per cent of the amount determined under subsection (2); or {b) 14 per cent of the amount determined under subsection (2) where the corporation has for a tax exempt year made a deduction under subsection 125 (1) of the Income Tax Act (Canada). s. 33 (2) (a, b), re-enacted (2) Clauses 33 (2) (a) and (6) of the said Act are repealed and the following substituted therefor: (a) with respect to a corporation to which subsection 125 (1) of the Income Tax Act (Canada) applies, that prop- ortion of the least of the amounts determined under paragraphs 125 (1) (a), {h), (c) and {d) for the taxation year, not exceeding $200,000; and {b) with respect to a corporation tb which subsection 125 (1.1) of the Income Tax Act (Canada) applies, that proportion of the lesser of the amounts determined under paragraphs 125 (1.1) (a) and {b) for the taxation year, not exceeding $200,000, s. 33, amended (3) Section 2>2) of the said Act is amended by adding thereto the following subsections: Definition, tax exempt year (2a) For the purpose of clause (1) (6), a "tax exempt year" of a corporation is a taxation year ending after the 13th day of May, 1982 and before the 14th day of May, 1984, but in no case shall a corporation have more than two tax exempt years. Interpre- tation, non-arm's length transactions {2b) For the purpose of subsection (2a), where at any time after the 13th day of May, 1982, property of a corporation (hereinafter referred to as the "vendor") is acquired, by purchase or otherwise (including an acquisition as a result of an amalga- mation described in section 87 of the Income Tax Act (Canada) ), by another corporation (hereinafter referred to as the "pur- chaser") not dealing at arm's length with the vendor, and the property constitutes all or substantially all of the property of the vendor or the purchaser, as the case may be, any tax exempt year of the vendor for which the vendor has made a deduction under clause (1) (b), ending in or before the taxation year of the pur- chaser in which the property was acquired, shall be deemed to be a tax exempt year of the purchaser for which the purchaser has made a deduction under clause (1) (b). 3. — (1) Subsection S3 (2) of the said Act is repealed and the following ^g^g^^'^^^^^^ substituted therefor: (2) Notwithstanding subsection (1), the taxable paid-up capi- ^^^^^^ tal of a bank for a taxation year is its taxable paid-up capital as it capital stood at the close of the taxation year, and includes, °^ ^^^^^ (a) its paid-up capital stock; (b) its contributed surplus, its general reserve, and all of its other reserves, whether created from income or other- wise, except any reserve the creation of which is allowed as a charge against income under the provi- sions of Part II; and (c) its retained earnings, its capital surplus, and any other surplus not included by virtue of clause ib). (2) Section S3 of the said Act, as amended by the Statutes of * 5^' , ^ ' ' -^ amended Ontario, 1981, chapter 37, section 10, is further amended by adding thereto the following subsections: (5) For the purpose of subsection (2), in computing the taxable {"ti"n%"anks paid-up capital of a bank there shall be excluded any amount that represents its share of the accumulated earnings or losses of another corporation, and there shall be included the amount of any dividends received from that other corporation. (6) For the purpose of subsection (3), in computing the taxable J^jfJP''^oan paid-up capital of a corporation registered under the Loan and and trust Trust Corporations Act there shall be excluded any amount that J^'g^Q'^'Iggg represents its share of the accumulated earnings or losses of c. 249 another corporation, and there shall be included the amount of any dividends received from that other corporation. (7) For the purpose of clause (1) (g), the indebtedness of a interpre- . , . , , -. . ]. , „ • , , 1 tation, trusts corporation that is the beneficiary of a trust shall include the same proportion of the indebtedness of the trust secured by the assets of the trust as its beneficial interest in the trust. 4. Section S4 of the said Act, as amended by the Statutes of Ontario, ^ ^'*' , ' -^ amended 1981, chapter 37, section 11, is further amended by adding thereto the following subsections: Interpre- tation, "total assets" (2a) For the purpose of clause (1) (c), "total assets" of a cor- poration includes the same proportion of the total assets of a partnership of which the corporation is a partner as the share of the profits of the partnership to which the corporation is entitled under the partnership agreement, but does not include the amount invested by the corporation in the partnership. Interpre- tation, "any other surplus" i2b) For the purpose of this Part, "any other surplus" includes, in addition to any amount included therein by virtue of subsection (3), any amount required to be included in income for the purpose of Part II, other than, (a) an amount referred to in subsections 12 (6) and (6a); and R.S.C. c. 148 1952, {b) an amount referred to in paragraph 12 (1) (o), subsec- tions 15 (1) and (2), 17 (1) and subsection 37.1 (3) of the Income Tax Act (Canada) as made applicable by virtue of subsection 12 (1) of this Act, to the extent that such amount is not included in the corpora- tion's income as shown in its financial statements. s. 70 (2) (a), re-enacted 5. — (1) Clause 70 (2) (a) of the said Act, as re-enacted by the Statutes of Ontario, 1981, chapter 37, section 14, is repealed and the following substituted therefor: (a) on or before, (i) the last day of each month of the taxation year in respect of which the tax is payable, an ins- talment equal to one-twelfth of, (A) the tax payable as estimated by it for the taxation year, or (B) its first instalment base for the taxation year, or (ii) the last day of each of the first two months of the taxation year in respect of which the tax is payable an instalment equal to one-twelfth of its second instalment base for the taxation year, and on or before the last day of each of the following ten months of the taxation year an instalment equal to one-tenth of the amount remaining after deducting the amount com- puted pursuant to this subclause in respect of the first two months of the taxation year from, (A) the tax payable as estimated by it for the taxation year under subclause (i), or (B) its first instalment base for the taxation year. (2) Section 70 of the said Act, as amended by the Statutes of ^ 7o, . .-, iti amended Ontario, 1981, chapter 37, section 14, is further amended by adding thereto the following subsections: (8) For the purpose of subsection (2), where the taxation year ^•^'^™ of a corporation does not end on the last day of a calendar month, any reference in the said subsection (2) to the last day of a month shall be deemed, in respect of that corporation, to be a reference to the day of that month corresponding to the day on which the previous taxation year ended, except that where the previous taxation year ends on the 29th, 30th or 31st day of a month, the said reference to the last day of a month shall, with respect to the month of February, be deemed to be a reference to the last day of that month. (9) For the purpose of calculating, for a corporation to which ^^^"^ clause 33 (1) {b) applied in a previous taxation year, the instal- ments required under clause (2) (a) for a taxation year other than a tax exempt year as defined in subsection 33 i2a), and for the purpose of calculating its first instalment base and second instalment base for that taxation year, the corporation shall be deemed to have made a deduction from tax under clause 33 (1) (a) and not 33 (1) (b). 6. Section 75 of the said Act is amended by adding thereto the fol- ^ 7s, .... amended lowing subsection: (la) Where a corporation is eligible for the deduction from tax ^^em under clause 33 (1) (b) in respect of its first taxation year ending after the 13th day of May, 1982, and it has paid instalments of tax in accordance with clause 70 (2) (a) in respect of that taxation year, the Minister may make a refund of such instalments if application therefor has been made in writing by the corporation prior to the date of assessment under section 73. 7. Subsection 76 (2) of the said Act is repealed and the following ^ 76(2), , . , , - re-enacted substituted therefor: (2) Subsection (1) does not apply with respect to any refund or Application amount to which subsection 75 (la) or (5) applies. 8. — (1) Subsection 5 (1) and subsection 70 (8) of the said Act, as Commence- enacted by subsection 5 (2) of this Act, shall be deemed to have application come into force on the 1st day of January, 1981 and apply to corporations in respect of all taxation years ending after 1980. Idem (2) Section 1 shall be deemed to have come into force on the 14th day of May, 1982 and applies to payments made after the 13th day of May, 1982. Idem (3) Subsections 2 (1) and (3), sections 3 and 4, subsection 70 (9) of the said Act, as enacted by subsection 5 (2) of this Act, and sections 6 and 7 shall be deemed to have come into force on the 14th day of May, 1982 and apply to corporations in respect of all taxation years ending after the 13th day of May, 1982. Idem (4) Subsection 2 (2) shall be deemed to have come into force on the 1st day of January, 1982 and applies to corporations in respect of all taxation years ending after 1981. Short title 9. The short title of this Act is the Corporations Tax Amendment Act, 1982. ST O ^ O CD 00 Pi- 0^ :^ ^ o 00 OK, n > o 3 o > &3 '"'■ o' O 3 W t/) 3 H n u> 3 X a > 3- <-^ m BILL 115 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Retail Sales Tax Act The Hon. G. L. Ashe Minister of Revenue TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes General. The Bill implements the following proposals in the Treasurer's Budget: (a) The rate of tax on transient accommodatioji is decreased from 7 per cent to 5 per cent; (b) The tax of 7 per cent on taxable services is extended to the labour required to install, adjust, repair or maintain goods; (c) Candies, confections and soft drinks which were previously exempt when purchased for less than SO cents, will no longer be exempt from tax. Snack foods, such as potato chips and salted nuts, previously exempt, will no longer be so; (d) The exemption from tax for prepared meals under $6.00 is removed and tax becomes exigible on the purchase of all food products sold through eating establishments including restaurants, lunch counters or snack bars whether the food products are consumed on the premises, taken out or delivered. The rate of tax on prepared meals is reduced from 10 per cent to 7 per cent; (e) Existing exemptions from the 7 per cent rate of tax are revised as follows: (i) magazines will be exempt only when purchased by subscription, (ii) the exemption for vehicles fueled exclusively by fuels other than gasoline or diesel oil is expanded to include vehicles that are fueled by both fossil and alternate fuels, (iii) trees, shrubs, bushes, seeds and plants will be exempt only when purchased by persons engaged in the business of farming, (iv) there will no longer be any exemption from tax for personal hygiene and household products, materials for thermal insula- tion, street flushers, street sweepers, classroom or student supplies, buses for public transportation, pets, patterns, textiles, smoke alarms, restaurant and hotel furnishings, materials used to provide transient accommodation and materials purchased for the construction of hospitals, nurses' residences, schools, univer- sities and capital works of a municipality. In addition to these changes, other administrative changes are proposed that will clarify the application of the Act and provide that purchasers who refuse to pay the retail sales tax owing at the time of a sale, will no longer be entitled to complete the sale. Penalty provisions are introduced for such purchasers and for vendors who wilfully complete a sale without collecting the tax. Section 1. — Subsection 1. The amendment provides that where there is a deemed sale of tangible personal property under the Act from a corporation to its shareholders as a result of winding up or dissolution of the corporation, retail sales tax will be payable on the fair market value of the tangible personal prop- erty which is transferred. Subsection 2. Provides for a deemed sale of tangible personal property from a corporation to its shareholders at the time of the winding up of the corporation except where the corporation has already paid retail sales tax with respect to its use or consumption of the property or where the tangible personal property is otherwise exempt from tax under the Act or is acquired by the share- holder for the purpose of resale. Substection 3. The amendment removes from the definition of "tangible personal property" those chattels for which rent is paid after they are attached to realty and become fixtures. The result of the amendment is that retail sales tax will become payable on the purchase price of the chattel when it is purchased for installation or attachment to the realty rather than on the rental payments sub- sequently charged for the chattel. Paragraph 19 of section 1 of the Act now reads as follows: 1. In this Act, 19. "tangible personal property" means personal property that can be seen, weighed, measured, felt or touched, or that is in any way perceptible to the senses, and includes natural gas, manufactured gas, and any chattel that is a fixture and for the use, possession or enjoyment of which a fee, charge or rent is paid that is not included in any fee, charge or rent paid for possession or occupa- tion of the real property to which the chattel is affixed. Subsection 4. The amendment expands the definition of "taxable service" to include the labour provided to install, adjust, repair or maintain goods. Paragraph 2 1 of section 1 now reads as follows: 1. In this Act, 21. "taxable service" means, (a) telecommunication services of all kinds, including with- out restricting the generality of the foregoing, telephone and telegraph services, community antenna television and cable television, transmissions by microwave relay sta- tions or by satellite, and pay television, but not including public broadcasting services that are broadcast through the air for direct reception by the public without charge, or (b) transient accommodation. Subsection 5. The amendment expands the definition of "transient accommodation" to include prepared food products furnished on the American plan or modified American plan. Paragraph 24 of section 1 now reads as follows: 24. "transient accommodation" means the provision of lodging in hotels, motels, hostels, apartment houses, lodging houses, boarding houses, clubs and other similar accommodation, whether or not a membership is required for the lodging, but does not include lodging let for a continu- ous period of one month or more or lodging in a lodging house, rooming house, or boarding house, if such house has accommodation for fewer than four tenants. Section 2. — Subsection 1. The amendment reduces the tax on prepared meals to 7 per cent. Subsection 2 (2) now reads as follows: (2) Every purchaser of the following classes of tangible personal property shall pay to Her Majesty in right of Ontario a tax in respect of the consumption or use thereof computed at the rate of 10 per cent of the fair value thereof: 1 . liquor, beer or wine; 2. prepared meals sold at a price of over $6.00. Subsection 2. The amendment applies a tax rate of 7 per cent to the labour provided to install, alter, repair or maintain goods. Subsection 2 (3) now reads as follows: (3) Every purchaser of a taxable service shall pay to Her Majesty in right of Ontario a tax in respect thereof computed at the rate of 7 per cent of the fair value thereof. Subsection 3. The amendment provides for a reduction on the rate of tax on transient accommodation to S per cent. Section 3. — Subsection 1. The amendment excludes from the exemption for food products, candies, confections, soft drinks, snack foods and all food products purchased after June 13, 1982 from an eating establishment. Paragraph 1 of subsection 5 (1) now reads as follows: (1) The purchaser of the following classes of tangible personal property and taxable services is exempt from the tax imposed by this Act: 1 . food products for human consumption, except candies, confec- tions or soft drinks purchased for a price that exceeds 49 cents, or for a price that exceeds 49 cents and that is specified to be pay- able in the purchase of two or more items, packages, bags, cartons or containers thereof Subsection 2. The amendment provides exemptions from the tax on labour provided to install, adjust, repair or maintain goods with respect to the installation of fixtures and repair of realty, reconditioning for resale, provision of the taxable service for own use and repair where no tax is exigible on repair parts. The exemption from tax for prepared meals under $6.00 is removed. Paragraph 2 of subsection 5 (1) now reads as follows: 2. any prepared meal the price of which neither exceeds $6.00 nor is included in the sale price of two or more prepared meals that are sold to one purchaser for a total sale price that exceeds $6.00. Subsection 3. The exemption from tax for prepared meals under $6.00 is removed. Paragraph 3 of subsection S (1) now reads as follows: 3. all prepared meals the prices of which are included in the total sale price of two or more prepared meals that are sold to one purchaser and that are consumed by two or more people if the average price of all the prepared meals the prices of which are included in such total sale price is not more than $6.00 and if that average price is determined by dividing such total price by the number of people to whom was served a prepared meal the price of which was included in such total sale price and if the bill to the purchaser that contains such total sale price clearly shows the number of people to whom were served the prepared meals the prices of which were included in such total sale price. Subsection 4. The amendment expands the exemption from vehicles fueled exclusively by fuels other than gasoline or diesel oil, to include vehicles that are fueled by both fossil and alternate fuels. Paragraph 14 of subsection 5 (1) now reads as follows: 14. vehicles that are required to be licensed under the Highway Traffic Act and the energy to operate which is exclusively electrical energy or energy derived from the internal combustion of ethyl alcohol, methyl alcohol, natural gas or manufactured gas, but only if no part of the energy for the operation of the vehicle is derived from the internal combustion of any fuel taxed under the Gasoline Tax Act or the Motor Vehicle Fuel Tax Act. Subsection 5. The amendment provides for an exemption for "agricultural products" as defined by the Minister when purchased by persons engaged in the business of farming. Paragraph 15 of subsection S (1) now reads as follows: 15. farm implements, farm machinery, farm equipment and repair parts, as defined by the Minister, that in his opinion are to be used by a person engaged in the business of farming. Subsection 6. The amendments repeal the exemption for trees, shrubs, bushes, seeds and plants, the purchase of live stock and for personal hygiene and household products. Paragraphs 16, 21 and 24 of subsection 5 (1) now read as follows: 16. trees, shrubs, bushes, seeds and seedlings, cut flowers and plants, bulbs from which plants or flowers may be grown, growing plants and flowers and the containers in which they are growing, but not any artificial plant, flower or tree; 21. agricultural products, including live stock; 24. personal hygiene and household products, as defined by the Minister, purchased for household use and not for use in any commercial, indus- trial or institutional establishment. Subsection 7. The amendment removes the exemption for street flushers and street sweepers purchased by a municipality, university or public hospital. The exemption for the purchase of fire-fighting vehicles is extended to include local service boards and volunteer groups. Paragraph 27 of subsection 5 (1) now reads as follows: 27. street flushers , street sweepers and fire-fighting vehicles, as defined by the Minister, and purchased for the exclusive use of a municipality, university or public hospital at a price of more than $1,000 per vehicle. Subsection 8. The amendment repeals the exemption for materials used for thermal insulation and for items used to provide transient accommodation. Paragraphs 29 and 30 of subsection 5 (1) now read as follows: 29. materials or equipment that are used for the conservation of energy and that are, (a) thermal insulation materials, as defined by the Minister, that are sold primarily to insulate buildings and that are not primarily for a use prescribed by the Minister to be excluded from the exemp- tion conferred by this paragraph, (b) storm windows and storm doors, as defined by the Minister, (c) heat pumps for use principally to provide heat in the heating system of a building, (d) heat recovery units or devices for extracting heat from exhaust air or waste water to recover energy, (e) units or chillers that are designed for use as part of an air-condi- tioning system and for the recovery and redistribution of heat when such units or chillers meet the conditions and specifica- tions prescribed by the Minister, (f) solar cells to be used to produce directly from sunlight electricity to charge batteries, (g) solar furnaces, panels and tubes specially designed to collect and convert solar energy into heat for use in a solar heating system, (h) windmills and wind-powered generators that produce mechani- cal or electrical energy, and pumps and generators specially designed for use directly with such devices, (i) timer-controlled thermostats for heating systems in buildings and automatic timer controls for electrical equipment, (j) wood-burning stoves and wood-burning furnaces, or (k) wind deflectors for trucks; 30. tangible personal property that is prescribed by the Minister for the purpose of this paragraph and that is purchased by a vendor to be consumed by him in the provision of transient accommodation. Subsection 9. The amendment provides for an expression of metric meas- urement. Paragraph 34 of subsection S (1) now reads as follows: 34. vessels of more than 500 tons gross. Subsection 10. The amendment provides updated expressions for various physical handicaps. Paragraph 38 of subsection 5 (1) now reads as follows: 38. equipment designed solely for the use of blind persons, cripples or chronic invalids. Subsection 11. The amendment is made for housekeeping purposes. Clause (e) of paragraph 45 of subsection 5 (1) now reads as follows: (e) a tractor (other than a highway truck tractor) powered by an internal combustion engine, a logging wagon, logging sled, logging car or logging crane, a captive balloon with a volume of 150,000 cubic feet or more, or wire rope, blocks and tackle, or machinery, and is used exclusively in logging operations including the removal of the log from the stump to the skidway, log dump, or to a common or other carrier. Subsection 12. The amendment provides for an expression of metric measurement. Paragraph 47 of subsection S (1) now reads as follows: 47. tangible personal property to be shipped by the vendor for delivery out- side Ontario, including ships' stores delivered to commercial vessels of more than 500 tons gross that normally operate in extra-territorial wat- ers. Subsection 13. The amendments made to paragraphs 48 and 49 are for housekeeping purposes. The exemption for classroom supplies and students' supplies is repealed. Paragraphs 48, 49, 51 and 52 of subsection 5 (1) now read as follows: 48. the occupancy of transient accommodation during the period com- mencing on the 8th day of March, 1978 and ending with the 31st day of December, 1981, provided that occupancy for any period of twenty-four hours or less that includes any part of the 7th day of March, 1978 is not entitled to the exemption conferred by this paragraph, and occupancy for any period of twenty-four hours or less that includes any part of the 31st day of December, 1981, is entitled to the exemption conferred by this paragraph; 49. prepared meals served during the period commencing on the 8th day of March, 1978 and ending with the 31st day of December, 1981, if such prepared meals are provided together with transient accommodation in the said period for one charge for both meals and accommodation under the system commonly known as "the American Plan" or "Modified American Plan"; 51 . classroom supplies, as defined by the Minister purchased for use or consumption and not for resale by schools, school boards or universities; 52. students' supplies, as defined by the Minister. Subsection 14. The amendment provides for an exemption for those books that are defined by the Minister. Paragraph S3 of subsection 5 (1) now reads as follows: 53. books that are printed and bound and that are published solely for educational, technical, cultural or literary purposes and that contain no advertising, but not directories, price lists, time tables, rate books, catalogues, reports, fashion books, albums or any books of the same general classes. Subsection IS. The amendment provides that magazines will be exempt only if purchased by subscription. Paragraph 55 of subsection 5 (1) now reads as follows: 55. magazines as defined by the Minister. Subsection 16. The amendment is made for housekeeping purposes. Paragraph 5 7 of subsection 5 (1) now reads as follows: 57. machinery or equipment that, pursuant to a contract for the acquisition or rental of such machinery or equipment or pursuant to a direction for the fabrication or manufacture thereof made or given after the 7th day of April, 1975 and before the 1st day of January, 1977, is delivered after the 7th day of April, 1975 and before the 1st day of January, 1978 to the person by whom such machinery or equipment is to be used, if such machinery or equipment is, in the opinion of the Minister, to be used principally in, (a) the process of manufacturing or producing tangible personal property for sale or use by the manufacturer or producer thereof, (b) the construction of capital works, buildings, structures, roads or similar projects when the value of any separate piece of machin- ery or equipment so used and for which exemption is claimed under this paragraph is not less than $500, but no exemption may be claimed under this paragraph for any machin- ery or equipment, (c) that is, in the opinion of the Minister, principally used in the production or provision of a taxable service, (d) the contract for the rental or acquisition of which or the direction for the fabrication or manufacture of which is, in the opinion of the Minister, made for the purpose of obtaining the exemption conferred by this paragraph in substitution for or as the result of the cancellation of a substantially similar contract entered into or direction made or given before the 8th day of April, 1975, or (e) prescribed by the Minister to be excluded from the exemption conferred by this paragraph. Subsection 17. The amendment removes the exemption for educational publications and exempts publications of a charitable or benevolent organization. Paragraph 65 of subsection 5 (1) now reads as follows: 65. religious and educational publications, as defined by the Minister. Subsection 18. The amendment removes the exemption for buses pur- chased for public transportation. Paragraph 67 of subsection 5 (1) now reads as follows: 67. buses, excluding school buses, when purchased in good faith to provide public transportation within a municipality as defined by the Minister, and repairs to such equipment. Subsection 19. .The amendment removes the exemption for tangible per- sonal property that is purchased through a contract for incorporation into a hospital, nurses' residence, school or university building. Paragraph 68 of subsection 5 (1) now reads as follows: 68. tangible personal property that enters directly into and becomes part of real property that is a building or structure and that, upon completion is owned by the governing board of a public hospital, school or university and used for school, university or hospital purposes, including a nurses' residence, if the cost of such tangible personal property is shown to have been directly and substantially borne by the school, university or public hospital, or the governing board thereof, that owns the building or structure into the construction of which such tangible personal property entered. Subsection 20. The amendment removes the exemption for tangible per- sonal property that becomes part of the construction of capital works owned by a municipality. The amendment also removes the exemption for household pets. Paragraphs 69 and 72 of subsection 5 (1) now read as follows: 69. tangible personal property that enters directly into and becomes part of the construction of capital works that, upon completion, are owned by a municipality or by a local board thereof, if the cost of such tangible personal property is shown to have been directly and substantially borne by the municipality or local board thereof that owns the capital works into the construction of which such tangible personal property entered; 72. animals, including birds, fish and reptiles, sold for use as household pets. Subsection 21. The amendment replaces an expression of Imperial meas- urement with the metric expression. Paragraph 75 of subsection S (1) now reads as follows: 75. vessels, as defined by the Minister, that do not exceed 500 tons gross and that are operated for commercial purposes, repairs to such vessels, and machinery or equipment purchased to refit such vessels. Subsection 22. The amendment repeals the exemption for patterns, textiles and smoke alarms. The repeal of paragraphs 79, 80, 81 and 82 removes various exemptions whose qualification periods have expired and is, therefore, made for housekeeping purposes. Paragraphs 76, 77, 78, 79, 80, 81 and 82 now read as follows: 76. patterns for the making of clothing or wearing apparel; 77. textiles, as defined by the Minister, and trimmings therefor, as defined by the Minister, but not including floor coverings, canvas, plastics of any kind, metal cloth, natural or synthetic fur and leather, or thread, wool, yarn and similar materials for sewing, knitting, crocheting and similar handicrafts, or any material or product prescribed by the Minister to be excluded from the exemption conferred by this para- graph; 78. self-contained household smoke alarms purchased for use in residential premises; 79. furnishings, as defined by the Minister, or food preparation equipment, as defined by the Minister, when purchased for use in restaurants of the class or type prescribed by the Minister, or purchased for use in any hotel, motel, tourist resort or other similar tourist establishment, of the class or description prescribed by the Minister, provided that such furnishings or food preparation equipment is sold to, and delivery thereof is taken by, the purchaser wholly within the period commencing on the nth day of April, 1979 and ending with the 31st day of December, 1981; 80. furniture, other than that prescribed by the Minister to be excluded from the exemption conferred by this paragraph, that is purchased for private household use, if the purchase is made before the 1st day of July, 1981 and delivery thereof is taken by the purchaser on or after the 14th day of November, 1980 and before the 1st day of July, 1981; 81 . major home appliances that are manufactured for private household use and that are, (a) refrigerators, freezers or kitchen ranges, including ovens and cooking tops sold separately for installation as a kitchen range, or (b) washers or dryers for the laundering of clothes, but only when such appliances have never previously been sold, leased or rented by a dealer to a customer at a retail sale anywhere and are, (c) purchased before the 1st day of July, 1981 and delivered to the purchaser thereof on or after the 14th day of November, 1980 and before the 1st day of July, 1981, and (d) not appliances or a class or kind of appliance prescribed by the Minister to be excluded from the exemption conferred by this paragraph; 82. building materials, as defined by the Minister, that are purchased before the 1st day of July, 1981 and are delivered to the purchaser thereof on or after the 14th day of November, 1980 and before the 1st day of July, 1981. Section 4. — Subsection 1. The amendment provides that the form of Disallowance of a Rebate or Refund of tax will no longer be required to be prescribed by the Minister. Subsection 17 (2) now reads as follows: (2) Where a person has, in accordance with this Act and the regulations, applied for a refund or rebate under this Act or the regulations, and his claim is in whole or in part refused, the Minister shall cause to be served on such person a statement of disallowance in such form as the Minister shall prescribe, and the statement shall specify the amount of the disal- lowance and the reasons therefor. Subsection 2. The proposed amendment provides that the Minister may assess a penalty against a vendor who has failed to collect the tax that he is responsible to collect under the Act. The maximum is an amount equal to the tax that the vendor failed to collect. Subsection 17 (3) now reads as follows: (3) Every vendor who has failed to collect tax that he is responsible to collect under this Act or the regulations and who has not complied with section 19 with respect to his failure to collect such tax shall, when assessed therefor, pay a penalty equal to the amount of tax that he failed to collect, but where the tax that should have been collected from a particular purchaser is $50 or more and the vendor supplies to the Minister particulars of the transaction giving rise to such amount of tax and the name and address in Ontario of the purchaser liable for the tax, the Minister may, unless he is satisfied that the vendor wilfully neg- lected to collect such tax from such purchaser, assess such purchaser for such tax, in which case such tax shall not be included in an assessment, made under this subsection. Subsection 3. The amendment adds two subsections which allow the Minister to assess a penalty against a vendor who has wilfully failed to collect or remit to the Treasurer tax exigible under the Act and against a purchaser who has wilfully refused to pay tax that is payable under this Act. Section 5. The proposed amendment removes the provision which enti- tles a vendor to complete a sale without collecting the tax exigible, notify the Minister of the particulars of the sale and the name of the purchaser. Section 19 now reads as follows: 19. The purchaser is liable for the^ tax imposed by this Act until it is col- lected, and, where the purchaser refuses to pay the tax at the time it is collectable under section 10, the vendor shall within twenty days there- after, notify the Minister thereof. Section 6. The amendment adds a subsection which clarifies that the assignee of the accounts receivable of a person who is a vendor under the Act must collect the tax exigible with respect to the account receivable so assigned and remit the tax to the Treasurer. Section 7. The amendment removes the provisions which entitle the Minister to require a taxpayer to pay moneys into court as security for costs in an appeal commenced under the Act. Subsections 23 (S) and (6) of the Act now read as follows: (5) An appeal under this section and all proceedings thereunder are, upon the expiration of sixty days from the day the appeal is instituted, void unless security for the costs of the appeal has been, within the same period, paid into court in such sum, not exceeding $400, as the Minister requires and, upon an appeal becoming void by virtue of this subsection, no other appeal or proceeding shall be instituted in resi>ect of the same decision. (6) When security has been given under subsection (5), notice thereof shall be served on the Minister specifying the fact and the purpose of the payment. Section 8. The amendment is consequential on the amendment made in section 7 of the Bill. Section 24 of the Act now reads as follows: 24. The Minister shall with all due dispatch serve on the person appealing and file in the court a reply to the notice of appeal admitting or denying the facts alleged and containing a statement of such further allegations of fact and all statutory provisions and reasons as he intends to rely on, and where the Minister has failed to serve the reply within 180 days jrom the date of service upon him of the notice under subsection 23 (6), the appellant may, upon twenty-one days notice to the Minister, apply to a judge of the Supreme Court for an order requiring the reply to be served within such time as the judge shall order, and the judge may, if he considers it proper in the circumstances, also order that, upon failure by the Minister to serve the reply in the time specified in the order, the assessment with respect to which the appeal is taken shall be vacated and any tax paid pursuant to such assessment shall be repaid to the appellant, but nothing in this section revives an appeal that is void or affects a statement or assessment that has become valid and binding under subsection 16 (8) or subsection 17 (7). Section 9. The subsection to be added empowers the Minister to authorize vendors to advertise or quote a price that includes the retail sales tax payable provided that the vendors who are authorized meet all conditions required by the Minister with respect to the advertisement. Section 10. — Subsection 1. The amendment permits the Minister to make regulations providing that no tax is exigible with respect to the consump- tion by certain persons or classes of persons of prepared food products where no specific charge is made for the prepared food product. Clause 45 (3) (d) of the Act now reads as follows: (d) providing for the rebate of all or part of the tax paid on the purchase of a motor vehicle that is or will be adapted for the transportation of persons who have a permanent physical handicap that renders it impractical for them to use the usual forms of public transportation, if available, pro- vided that such purchasers do not operate or permit the use of such vehicles for profit or as part of any undertaking carried on for gain, and the Minister may determine the conditions on which such rebate may be made and the extent of the adaption necessary to entitle any person to such rebate. Subsection 2. The amendment provides for the repeal of two regulation- making powers of the Minister. The repeal of clauses 45 (3) (/) and {h) is consequential on the repeal of the exemption for the purchase of thermal insula- tion materials contained in section 3 of the Bill. Clauses 45 (3) (/) and (h) of the Act now read as follows: ( f) providing for the refund of tax paid on the purchase of thermal insula- tion materials, as defined for the purposes of paragraph 29 of subsection 5 (1), used after the 6th day of April, 1976 to insulate a building the construction of which has been completed, that is occupied permanently or seasonally for residential purposes, and that is not a building to which the exemption conferred by paragraph 29 of subsection 5 (1) does not apply; (h) providing for the rebate of not more than $700 of tax paid on the purch- ase of parts and materials incorporated into the construction of a solar heating system for residential premises, and prescribing the meaning of the expression "solar heating system", the conditions upon which and the class of persons to whom such rebate may be made, and the type of residential premises in which the installation of such solar heating system may qualify for the rebate. BILL 115 1982 An Act to amend the Retail Sales Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) Paragraph 4 of section 1 of the Retail Sales Tax Act, being ^ i- par 4, chapter 454 of the Revised Statutes of Ontario, 1980, is amended by striking out "and" at the end of clause (c), by adding "and" at the end of clause {d) and by adding thereto the following clause: (e) in the case of a sale within the meaning of clause (i) of paragraph 17, the fair market value of the tangible personal property transferred to any shareholder, (2) Paragraph 17 of the said section 1 is amended by striking out » i- par. i7, all that part of the paragraph following clause (h) and by adding thereto the following clause: (i) the transfer of title to or possession of tangible personal property from a corporation to any shareholder thereof as the result of the winding up or dissolution of the corporation, except where the corporation has paid tax under this Act with respect to its consumption or use of the tangible personal property to be transferred, or where, at the time of the corporation's winding up or dissolution, the tangible personal property is exempt from tax under this Act or is acquired by a shareholder solely for the purpose of resale. (3) Paragraph 19 of the said section 1 is amended by striking out « i- p^^ i^- "manufactured gas, and any chattel that is a fixture and for the use, possession or enjoyment of which a fee, charge or rent is paid that is not included in any fee, charge or rent paid for possession or occupation of the real property to which the chattel is affixed" in the fourth, fifth, sixth, seventh, eighth and ninth lines and inserting in lieu thereof "and manufac- tured gas". s. 1, par. 21, amended (4) Paragraph 2 1 of the said section 1 is amended by striking out "or" at the end of clause (a), by adding "or" at the end of clause ib) and by adding thereto the following clause: (c) labour provided to install, adjust, repair or maintain tangible personal property. s. 1, par. 24, amended (5) Paragraph 24 of the said section 1 is amended by inserting after "lodging" in the fifth line "and includes the provision of prepared food products provided pursuant to the American plan, modified American plan or any other arrangement which combines the provision of lodging and prepared food products at a single price,". s. 2 (2), re-enacted 2. — (1) Subsection 2 (2) of the said Act is repealed and the following substituted therefor: of liquor, beer, wine (2) Every purchaser of liquor, beer or wine shall pay to Her Majesty in right of Ontario a tax in respect of the consumption or use thereof computed at the rate of 10 per cent of the fair value thereof. s. 2 (3), amended (2) Subsection 2 (3) of the said Act is amended by inserting after "service" in the first line "described in clause (a) or (c) of paragraph 21 of section 1". S. 2, amended (3) Section 2 of the said Act is amended by adding thereto the following subsection: Idem (3) Every purchaser of a taxable service described in clause (6) of paragraph 2 1 of section 1 shall pay to Her Majesty in right of Ontario a tax in respect thereof computed at the rate of 5 per cent of the fair value thereof. s. S (1), par. 1, re-enacted 3. — (1) Paragraph 1 of subsection 5 (1) of the said Act is repealed and the following substituted therefor: 1. food products for human consumption except, (a) candies, confections, snack foods or soft drinks, and (b) prepared food products purchased after the 13th day of June, 1982 from an eating establishment, as defined by the Minister. (2) Paragraph 2 of the said subsection 5 (1) is repealed and the » s (i), following substituted therefor: re-enacted 2. taxable services that are described in clause (c) of para- graph 21 of section 1 and that are, (a) provided to repair, adjust, restore or maintain real property, (b) provided to install tangible personal property that will become real property upon installa- tion, (c) provided to maintain, restore or repair tangible personal property where the repairs or repair parts used in the maintenance, restoration or repair may be purchased exempt from tax or where a rebate of the tax paid on those repairs or repair parts is provided under this Act or the regulations, id) provided to repair or recondition tangible per- sonal property purchased for resale by a vendor, or (e) provided by a person for his own consumption or use. (3) Paragraph 3 of the said subsection 5 (1) is repealed. ^ ^ <')' repealed (4) Paragraph 14 of the said subsection 5 (1) is repealed and the ^ ^ ^^)' following substituted therefor: re-enacted 14. vehicles that are required to be licensed under the Highway Traffic Act and the energy to operate which is R so. i98o, either, (a) exclusively electrical energy or energy derived from internal combustion of ethanol, methanol, natural gas or manufactured gas, or ib) a combination of such energy with any fuel taxed under the Gasoline Tax Act, the Motor R so. i98o, Vehicle Fuel Tax Act or the Fuel Tax Act, 1981 . iggi, c. S9 ' (5) Paragraph 15 of the said subsection 5 (1) is amended by » J (i) inserting j products". inserting after "equipment" in the first line "agricultural amended S. 3 (1), pars. 16, 21, 24, repealed s. S (1), par. 27, re-enacted (6) Paragraphs 16, 21 and 24 of the said subsection 5 (1) are repealed. (7) Paragraph 27 of the said subsection 5 (1) is repealed and the following substituted therefor: 27. fire-fighting vehicles, as defined by the Minister, when purchased at a price of more than $1,000 per vehicle for the exclusive use of a municipality, university, public hospital, local services board or volunteer group. s. 5 (1), pars. 29, 30, repealed s. 5 (1), par. 34, amended (8) Paragraphs 29 and 30 of the said subsection 5 (1) are repealed. (9) Paragraph 34 of the said subsection 5 (1) is amended by striking out "500 tons gross" and inserting in lieu thereof "1,400 cubic metres". s. S (1), par. 38, re-enacted (10) Paragraph 38 of the said subsection 5 (1) is repealed and the following substituted therefor: 38. equipment designed solely for the use of persons who are chronic invalids or physically handicapped. s. 5 (1), par. 45, amended (11) Clause (e) of paragraph 45 of the said subsection 5 (1) is amended by striking out "a captive balloon with a volume of 150,000 cubic feet or more, or" in the fourth and fifth lines. s. S (1), par. 47, amended (12) Paragraph 47 of the said subsection 5 (1) is amended by striking out "500 tons gross" in the fourth line and inserting in lieu thereof "1,400 cubic metres". s. S (1), pars. 48, 49, 51, 52, repealed s. S (1), par. 53, re-enacted (13) Paragraphs 48, 49, 51 and 52 of the said subsection 5 (1) are repealed. (14) Paragraph 53 of the said subsection 5 (1) is repealed and the following substituted therefor: 53. books, as defined by the Minister. s. 5 (1), par. 55, re-enacted (IS) Paragraph 55 of the said subsection 5 (1), as amended by the Statutes of Ontario, 1981, chapter 38, section 2, is repealed and the following substituted therefor: 55. magazines, as defined by the Minister, but only where purchased by subscription. s. 5 (1), par. 57, repealed s. 5 (1), par. 65, re-enacted (16) Paragraph 57 of the said subsection 5 (1) is repealed. (17) Paragraph 65 of the said subsection 5 (1) is repealed and the following substituted therefor: 65. publications, as defined by the Minister, of a religious, charitable or benevolent organization. (18) Paragraph 67 of the said subsection 5 (1) is repealed. s. s (i), repealed (19) Paragraph 68 of the said subsection 5 (1), as re-enacted by the «• s (i), Statutes of Ontario, 1981, chapter 38, section 2, is repealed. ^e'lJeaied (20) Paragraphs 69 and 72 of the said subsection 5 (1) are «• s (i), ' , , pars. 69, 72, repealed. repealed (21) Paragraph 75 of the said subsection 5 (1) is amended by s s (i), striking out "500 tons gross" in the second line and inserting amended in lieu thereof "1,400 cubic metres". (22) Paragraphs 76, 77, 78, 79, 80, 81 and 82 of the said subsec- «• 5 (i), , . , I pars. 76-82, tion 5 (1) are repealed. repealed 4. — (1) Subsection 17 (2) of the said Act is amended by striking out « i7 (2), "in such form as the Minister shall prescribe" in the fifth and sixth lines. (2) Subsection 17 (3) of the said Act is repealed and the following ^ i7 (3), substituted therefor: (3) Every vendor who has failed to collect tax that he is Penalty for • 11 1 1 • » 1 1 • 1 11 non-collection responsible to collect under this Act or the regulations shall pay a of tax penalty, when assessed therefor, equal to the amount of tax that he failed to collect, but where the Minister has assessed such tax against the purchaser from whom it should have been collected, the Minister shall not make an assessment under this subsection against the vendor. (3) Section 17 of the said Act is amended by adding thereto the ^ i^, . . amended following subsections: (3fl) Where the Minister is satisfied that a vendor's failure to J^I^^^^^J"' collect tax that he is responsible to collect under this Act or the collection regulations is attributable to neglect, carelessness, wilful default °^ ^^^ or fraud, he may assess a penalty against such vendor, (a) in an amount equal to the greater of $25 or 25 per cent of the tax that he failed to collect, where a penalty has been assessed against him under subsection (3) in respect of his failure to collect; and (b) in an amount equal to the greater of $25 or one and one-quarter times the amount of tax that he -failed to collect where no penalty has been assessed against him under subsection (3). Penalty (5a) Where, under section 16, the Minister has assessed a vendor for tax collected or a purchaser for tax payable, he may further assess such vendor or purchaser a penalty equal to the greater of $100 or 25 per cent of the tax so assessed under section 16, but no penalty shall be assessed under this subsection unless the Minister is satisfied that the non-compliance with the Act or regulations by such vendor or purchaser that gave rise to the assessment made under section 16 was attributable to neglect, carelessness, wilful default or fraud. s. 19, repealed s. 20, - amended 5. Section 19 of the said Act is repealed. 6. Section 20 of the said Act is amended by adding thereto the fol- lowing subsection: Assignment of book debts (9) Where accounts receivable of a vendor are assigned under a specific or general assignment of book debts or are transferred in any other manner, any person who collects the amount owing under the accounts receivable that have been assigned or trans- ferred, shall, whether he be any assignee, any person to whom the book debts were transferred, or agent for either of such per- sons, any liquidator, administrator, receiver, receiver-manager, trustee or like person, collect the tax that is payable under this Act with respect to the sales that gave rise to the accounts receiv- able that are being collected and that has not been collected by any vendor, and such person shall be deemed to be a vendor under this Act and to hold any tax collected under this Act in trust for Her Majesty in right of Ontario and shall remit any tax collected by him to the Treasurer at the time or times and in such manner as are prescribed by regulation. s. 23 (S, 6), repealed s. 24, amended 7. Subsections 23 (5) and (6) of the said Act are repealed. 8. Section 24 of the said Act is amended by striking out "under sub- section 23 (6)" in the seventh line and inserting in lieu thereof "of appeal". s. 38, amended 9. Section 38 of the said Act is amended by adding thereto the fol- lowing subsection: Where advertised price may include tax s. 45 (3) (d), re-enacted (2) Notwithstanding subsection (1), the Minister may, where he considers it appropriate, authorize a vendor to advertise or quote a price that includes the tax imposed by this Act but only where the amount or rate of the tax so included is separately specified in such manner as the Minister requires and the Minis- ter may specify such other conditions with respect to the adver- tisement or quotation that the vendor must satisfy. 1 0. — (1) Clause 45 (3) (d) of the said Act is repealed and the following substituted therefor: (d) prescribing persons or classes of persons with respect to whose consumption of prepared food products no tax is exigible provided that those prepared food products are provided by them without specific charge. (2) Clauses 45 (3) (/) and (h) of the said Act are repealed. s- 4S (3) repealed 1 1. — (1) This Act, except sections 1, 2, 3, 4, 5 and 10 comes into force Commence- on the day it receives Royal Assent. '"^" (2) Subsections 1 (1), (2) and (3), subsection 3 (1), subsections 3 Wem (4) to (22), sections 4 and 5 and subsection 10 (2) shall be deemed to have come into force on the 14th day of May, ' 1982. (3) Subsections 1 (4) and (5), subsections 2 (1) and (2), subsec- Wem tions 3 (2) and (3) and subsection 10 (1) shall be deemed to have come into force on the 14th day of June, 1982. (4) Subsection 2 (3) shall be deemed to have come into force on Wem the 14th day of June, 1982 with respect to the occupancy of transient accommodation during a period commencing after the 13th day of June, 1982. 1 2. The short title of this Act is the Retail Sales Tax Amendment Act, Short title 1982. t» H g 3 m' ffi o O >-h p ^ n t-^ < 3 > c C/3 n X 0^ s fa- lsa »t5 03 f^i > S > o a r-t- cr n C/5 H X BILL 115 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Retail Sales Tax Act The Hon. G. L. Ashe Minister of Revenue TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 115 1982 H follows: An Act to amend the Retail Sales Tax Act ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as 1. — (1) Paragraph 4 of section 1 of the Retail Sales Tax Act, being ^ '' p^^- ■♦' chapter 454 of the Revised Statutes of Ontario, 1980, is amended by striking out "and" at the end of clause (c), by adding "and" at the end of clause {d) and by adding thereto the following clause: (e) in the case of a sale within the meaning of clause (i) of paragraph 17, the fair market value of the tangible personal property transferred to any shareholder, (2) Paragraph 17 of the said section 1 is amended by striking out * i. par. n, all that part of the paragraph following clause {h) and by adding thereto the following clause: (i) the transfer of title to or possession of tangible personal property from a corporation to any shareholder thereof as the result of the winding up or dissolution of the corporation, except where the corporation has paid tax under this Act with respect to its consumption or use of the tangible personal property to be transferred, or where, at the time of the corporation's winding up or dissolution, the tangible personal property is exempt from tax under this Act or is acquired by a shareholder solely for the purpose of resale. amended (3) Paragraph 19 of the said section 1 is amended by striking out ^ J„'„p^^ ^^' "manufactured gas, and any chattel that is a fixture and for the use, possession or enjoyment of which a fee, charge or rent is paid that is not included in any fee, charge or rent paid for possession or occupation of the real property to which the chattel is affixed" in the fourth, fifth, sixth, seventh, eighth and ninth lines and inserting in lieu thereof "and manufac- tured gas". s. 1, par. 21, amended (4) Paragraph 2 1 of the said section 1 is amended by striking out "or" at the end of clause (a), by adding "or" at the end of clause ib) and by adding thereto the following clause: (c) labour provided to install, adjust, repair or maintain tangible personal property. s. 1, par. 24, amended (5) Paragraph 24 of the said section 1 is amended by inserting after "lodging" in the fifth line "and includes the provision of prepared food products provided pursuant to the American plan, modified American plan or any other arrangement which combines the provision of lodging and prepared food products at a single price,". s. 2 (2), re-enacted 2. — (1) Subsection 2 (2) of the said Act is repealed and the following substituted therefor: of liquor, beer, wine (2) Every purchaser of liquor, beer or wine shall pay to Her Majesty in right of Ontario a tax in respect of the consumption or use thereof computed at the rate of 10 per cent of the fair value thereof. s. 2 (3), amended (2) Subsection 2 (3) of the said Act is amended by inserting after "service" in the first line "described in clause (a) or (c) of paragraph 21 of section 1". S. 2, amended (3) Section 2 of the said Act is amended by adding thereto the following subsection: Idem (3a) Every purchaser of a taxable service described in clause (b) of paragraph 21 of section 1 shall pay to Her Majesty in right of Ontario a tax in respect thereof computed at the rate of 5 per cent of the fair value thereof. s. S (1), par. 1, re-enacted 3. — (1) Paragraph 1 of subsection 5 (1) of the said Act is repealed and the following substituted therefor: 1. food products for human consumption except, (a) candies, confections, snack foods or soft drinks, and (b) prepared food products purchased after the 13th day of June, 1982 from an eating establishment, as defined by the Minister. (2) Paragraph 2 of the said subsection 5 (1) is repealed and the s J a), following substituted therefor: re-enacted 2. taxable services that are described in clause (c) of para- graph 21 of section 1 and that are, (a) provided to repair, adjust, restore or maintain real property, ib) provided to install tangible personal property that will become real property upon installa- tion, (c) provided to maintain, restore or repair tangible personal property where the repairs or repair parts used in the maintenance, restoration or repair may be purchased exempt from tax or where a rebate of the tax paid on those repairs or repair parts is provided under this Act or the regulations, (d) provided to repair or recondition tangible per- sonal property purchased for resale by a vendor, or (e) provided by a person for his own consumption or use. (3) Paragraph 3 of the said subsection 5 (1) is repealed. ^^^ y^' repealed (4) Paragraph 14 of the said subsection 5 (1) is repealed and the ^^^ ^j^]- following substituted therefor: re-enacted 14. vehicles that are required to be licensed under the Highw either, Highway Traffic Act and the energy to operate which is ^ ^ „^ ^^^°' (o) exclusively electrical energy or energy derived from internal combustion of ethanol, methanol, natural gas or manufactured gas, or (b) a combination of such energy with any fuel taxed under the Gasoline Tax Act, the Motor ^^,g; ^3,?°' Vehicle Fuel Tax Act or the Fuel Tax Act, 1981 . 1981, c. 59 ' (5) Paragraph 15 of the said subsection 5 (1) is amended by s s (u, inserting after "equipment" in the first line "agricultural amended products". s. 5 (1), pars. 16, 21, 24, repealed (6) Paragraphs 16, 21 and 24 of the said subsection 5 (1) are repealed. s. S (1), par. 27, re-enacted (7) Paragraph 27 of the said subsection 5 (1) is repealed and the following substituted therefor: 2 7. fire-fighting vehicles, as defined by the Minister, when purchased at a price of more than $1,000 per vehicle for the exclusive use of a municipality, university, public hospital, local services board or volunteer group. s. 5 (1), pars. 29, 30, repealed s. 5 (1), par. 34, amended (8) Paragraphs 29 and 30 of the said subsection 5 (1) are repealed. (9) Paragraph 34 of the said subsection 5 (1) is amended by striking out "500 tons gross" and inserting in lieu thereof "1,400 cubic metres". s. S (1), par. 38, re-enacted (10) Paragraph 38 of the said subsection 5 (1) is repealed and the following substituted therefor: 38. equipment designed solely for the use of persons who are chronic invalids or physically handicapped. s. S (1), par. 45, amended (11) Clause (e) of paragraph 45 of the said subsection 5 (1) is amended by striking out "a captive balloon with a volume of 150,000 cubic feet or more, or" in the fourth and fifth lines. s. 5 (1), par. 47, amended (12) Paragraph 47 of the said subsection 5 (1) is amended by striking out "500 tons gross" in the fourth line and inserting in lieu thereof "1,400 cubic metres". s. S (1), pars. 48, 49, 51, 52, repealed s. 5 (1), par. 53, re-enacted (13) Paragraphs 48, 49, 51 and 52 of the said subsection 5 (1) are repealed. (14) Paragraph 53 of the said subsection 5 (1) is repealed and the following substituted therefor: 53. books, as defined by the Minister. s. 5 (1), par. 55, re-enacted (15) Paragraph 55 of the said subsection 5 (1), as amended by the Statutes of Ontario, 1981, chapter 38, section 2, is repealed and the following substituted therefor: 55. magazines, as defined by the Minister, but only where purchased by subscription. s. 5 (1), par. 57, repealed s. 5 (1), par. 65, re-enacted (16) Paragraph 57 of the said subsection 5 (1) is repealed. (17) Paragraph 65 of the said subsection 5 (1) is repealed and the following substituted therefor: 65. publications, as defined by the Minister, of a religious, charitable or benevolent organization. (18) Paragraph 67 of the said subsection 5 (1) is repealed. s. s U), repealed (19) Paragraph 68 of the said subsection 5 (1), as re-enacted by the * s u), Statutes of Ontario, 1981, chapter 38, section 2, is repealed, repealed (20) Paragraphs 69 and 72 of the said subsection 5 (1) are s s (i), repealed. repealed (21) Paragraph 75 of the said subsection 5 (1) is amended by * ^ (i^, striking out "500 tons gross" in the second line and inserting amended in lieu thereof "1,400 cubic metres". (22) Paragraphs 76, 77, 78, 79, 80, 81 and 82 of the said subsec- « s (i) ... 11 p3rs. 7o-o2, tion 5 (1) are repealed. repealed — (1) Subsection 17 (2) of the said Act is amended by striking out ^ i7 (2), 1 T»». • -1 1, • 1 r-r 1 1 arnended m such form as the Mmister shall prescribe m the fifth and sixth lines. (2) Subsection 17 (3) of the said Act is repealed and the following ^ i7 (3), ' . ^ re-enacted substituted therefor: (3) Every vendor who has failed to collect tax that he is Penalty for • 11 11 11-* 1 1 • 1 11 non-collection responsible to collect under this Act or the regulations shall pay a of tax penalty, when assessed therefor, equal to the amount of tax that he failed to collect, but where the Minister has assessed such tax against the purchaser from whom it should have been collected, the Minister shall not make an assessment under this subsection against the vendor. (3) Section 17 of the said Act is amended by adding thereto the » i7, . . amended following subsections: (3a) Where the Minister is satisfied that a vendor's failure to Penalty for collect tax that he is responsible to collect under this Act or the collection regulations is attributable to neglect, carelessness, wilful default °^ '^^ or fraud, he may assess a penalty against such vendor, (a) in an amount equal to the greater of $25 or 25 per cent of the tax that he failed to collect, where a penalty has been assessed against him under subsection (3) in respect of his failure to collect; and (b) in an amount equal to the greater of $25 or one and one-quarter times the amount of tax that he failed to collect where no penalty has been assessed against him under subsection (3). Penaky (5a) Where, under section 16, the Minister has assessed a vendor for tax collected or a purchaser for tax payable, he may further assess such vendor or purchaser a penalty equal to the greater of $100 or 25 per cent of the tax so assessed under section 16, but no penalty shall be assessed under this subsection unless the Minister is satisfied that the non-compliance with the Act or regulations by such vendor or purchaser that gave rise to the assessment made under section 16 was attributable to neglect, carelessness, wilful default or fraud. s. 19, repealed s. 20, amended 5. Section 19 of the said Act is repealed. 6. Section 20 of the said Act is amended by adding thereto the fol- lowing subsection: Assignment of book debts (9) Where accounts receivable of a vendor are assigned under a specific or general assignment of book debts or are transferred in any other manner, any person who collects the amount owing under the accounts receivable that have been assigned or trans- ferred, shall, whether he be any assignee, any person to whom the book debts were transferred, or agent for either of such per- sons, any liquidator, administrator, receiver, receiver-manager, trustee or like person, collect the tax that is payable under this Act with respect to the sales that gave rise to the accounts receiv- able that are being collected and that has not been collected by any vendor, and such person shall be deemed to be a vendor under this Act and to hold any tax collected under this Act in trust for Her Majesty in right of Ontario and shall remit any tax collected by him to the Treasurer at the time or times and in such manner as are prescribed by regulation. s. 23 (5, 6), repealed s. 24, amended 7. Subsections 23 (5) and (6) of the said Act are repealed. 8. Section 24 of the said Act is amended by striking out "under sub- section 23 (6)" in the seventh line and inserting in lieu thereof "of appeal". S. 38, amended 9. Section 38 of the said Act is amended by adding thereto the fol- lowing subsection: Where advertised price may include tax (2) Notwithstanding subsection (1), the Minister may, where he considers it appropriate, authorize a vendor to advertise or quote a price that includes the tax imposed by this Act but only where the amount or rate of the tax so included is separately specified in such manner as the Minister requires and the Minis- ter may specify such other conditions with respect to the adver- tisement or quotation that the vendor must satisfy. s. 45 (3) (d), re-enacted 1 0. — (1) Clause 45 (3) id) of the said Act is repealed and the following substituted therefor: id) prescribing persons or classes of persons with respect to whose consumption of prepared food products no tax is exigible provided that those prepared food products are provided by them without specific charge. (2) Clauses 45 (3) (/) and {h) of the said Act are repealed. s. 4S (3) (f, h), repealed 1 1. — (1) This Act, except sections 1, 2, 3, 4, 5 and 10 comes into force Commence- on the day it receives Royal Assent. ment (2) Subsections 1 (1), (2) and (3), subsection 3 (1), subsections 3 Wem (4) to (22), sections 4 and 5 and subsection 10 (2) shall be deemed to have come into force on the 14th day of May, 1982. (3) Subsections 1 (4) and (5), subsections 2 (1) and (2), subsec- idem tions 3 (2) and (3) and subsection 10 (1) shall be deemed to have come into force on the 14th day of June, 1982. (4) Subsection 2 (3) shall be deemed to have come into force on idem the 14th day of June, 1982 with respect to the occupancy of transient accommodation during a period commencing after the 13th day of June, 1982. 12. The short title of this Act is the Retail Sales Tax Amendment Act, Short title 1982. > 13 H on' HM CD J5 W • u c f\J >J 3 S ^ Ci- n fi. r-t- >0 1— 1 >3 tr c^ C/) «i ?i ?i 1— ' o 00 OTQ 00 B2 1-^ v: Or. ^j >3 Ol ? R Pi. «*. t— * S o 0^ ft) 3 5C 03 BILL 116 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to provide for the Publication of Remuneration paid to Officers and Employees of Public Agencies and of Public Bodies Substantially Supported by Public Funds The Hon. F. S. Miller Treasurer of Ontario and Minister of Economics TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to enact the proposals contained in the Budget for the annual publication of the names and salaries of those in the broadly-defined public sector of Ontario's economy who earn $30,000 or more in a year. In the Bill, "public agency" is defined to include the Crown and its agencies and corporations, municipalities and their agencies and commissions, school boards, colleges and universities, and hospitals. Beginning in 1983, these public agencies will be required to publish statements of those of their officers and employees who, in 1982, earned $30,000 or more, and for the purpose of compari- son, 1981 earnings will also be required to be shown. The information on remun- eration paid in the preceding year is to be made available by September 30 in each year from 1983 on. Provision is made in sections 2 and 3 of the Bill for the public availability of the annual remuneration statement of each public agency and for examination of the statements without charge by the public. Where copies of the statements are requested from a public agency, a reasonable fee may be charged to defray the cost of copying. The Bill further provides by section 4 that, for a public agency's failure to comply with the Act, an audit and examination of the public agency's records may be authorized to obtain the information for the preparation and publication of a proper annual remuneration statement. The cost of the audit and preparation of the statement is to be borne by the public agency. BILL 116 1982 An Act to provide for the Publication of Remuneration paid to Officers and Employees of Public Agencies and of Public Bodies Substantially Supported by Public Funds HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In this Act, interpre- tation (a) "annual remuneration statement" means a written statement of a public agency made as of the end of each year and covering the year so ended and showing within each range of $10,000 (commencing with the range of $30,000 to $40,000 followed consecutively by each higher range for which data exist) the names in alphabetical order of each officer or employee of the public agency whose remuneration for the year is within one of the ranges to be shown in the statement, each such name to be followed by the amount of the remuneration of that officer or employee for the year and by the amount of his or her remuneration for the immediately preceding year; (b) "Crown" means the Crown in right of Ontario; (c) "officer" includes every person, other than an employee, who holds an office or position in a public agency or is a member of a public agency, and who has been paid any remuneration by a public agency; id) "public agency" includes, (i) the Crown in right of Ontario, every agency thereof, and every authority, board, commis- sion, corporation, office or organization of per- sons whose members or officers are appointed or chosen by or under the authority of the Lieuten- ant Governor in Council or a member of the Executive Council, (ii) the corporation of every municipality in Ontario, every local board as defined by the ^^^X). 1980, Municipal Affairs Act, and every authority, board, commission, corporation, office or organization of persons whose members or offi- cers are appointed or chosen by or under the authority of the council of the corporation of a municipality in Ontario, RS.o. 1980, (iii) every board as defined in the Education Act, and every college, university or post-secondary school educational institution in Ontario the majority of the capital or annual operating funds of which are received from the Crown, RS.o. 1980, (iv) every board as defined in the Public Hospitals Act, (v) every corporation with share capital, 90 per cent of the issued shares of which are beneficially held by or for a public agency described in sub- clauses (i) to (iv), (vi) every corporation without share capital, the majority of whose members or officers are members of, or are appointed or chosen by or under the authority of, a public agency described in subclauses (i) to (iv), and (vii) any authority, board, commission, corporation, office or organization of persons designated by the Lieutenant Governor in Council by regula- tion as a public agency; (e) "regulations" means the regulations made under this Act; (/) "remuneration" means the salary, emoluments or other compensation paid by a public agency to or in respect of an officer or employee thereof, and includes the value of any benefit provided by a public agency that is required to be included in the income of an officer or R.s^c. 1952, employee for the purposes of the Income Tax Act (Can- ada), but does not include money paid to reimburse an officer or employee for expenses actually incurred by him in the performance of his duties; (g) "statement year" means, at any particular time, the then latest year as of the end of which an annual remuneration statement was required by subsection 2 (1) to be made available to the public by a public agency; (h) "year" means the twelve-month period ending on the 31st day of December. 3._(1) Within the nine months following the year 1982, and Remuneration . made public within the nme months followmg each subsequent year, every public agency shall, in accordance with this Act and the regula- tions, make available to the public an annual remuneration statement showing the remuneration paid by the public agency in the immediately preceding year to or in respect of each of the public agency's officers or employees. (2) Every public agency shall, in addition to complying with Additional ,. , ,. . ■ 1--11 copies to be subsection (1) and at the same time as it complies with that provided subsection, transmit at least five copies of its annual remunera- tion statement for the statement year to the member of the Executive Council who is responsible for the public agency or for the administration of an Act under or by the authority of which the public agency was created or constituted or derives its princi- pal authority to carry on its activities. (3) The member of the Executive Council to whom copies of i^em any annual remuneration statement are to be transmitted under subsection (2) or under the regulations shall place two of such copies in such repository as the Clerk of the Assembly directs, to provide access to such copies for the members of the Assembly. (4) The member of the Executive Council to whom copies of a Extension , ,. , , . , of time for public agency s annual remuneration statement are to be trans- compliance mitted under subsection (2) or under the regulations may, in writing and at the request of the public agency, extend to such date as he considers reasonable the time within which the public agency is required by subsections (1) and (2) to make its annual remuneration statement available to the public and to transmit copies thereof to him, but such extension of time shall be granted only where he is satisfied that earlier disclosure of the annual remuneration statement would be prejudicial to the public agency and not in the public interest. 3. — (1) The provisions of subsections 2 (2) and (3) shall not be P"^''<^ • 1 r 1 11- 1 • r • access not interpreted to restrict the access of the public to the information restricted to be made available under subsection 2 (1), and do not prevent wider distribution of such information than that required by subsections 2 (2) and (3). Public examination of statement (2) Every public agency shall keep at its principal office legible copies of its annual remuneration statements, and shall, without charge, permit reasonable examination of such statements by any person during the normal office hours of the public agency. Fees chargeable (3) Subject to subsection (2), a public agency may charge such reasonable fee as is considered proper for the provision to any person of a copy for his own use of the public agency's annual remuneration statement, but no charge shall be made for the copies required to be transmitted under subsection 2 (2) or under the regulations. Audit and examination Assistance with audit 4. — (1) Where, without reasonable excuse, a public agency fails to comply fully and effectually with this Act, the member of the Executive Council to whom copies of the public agency's annual remuneration statement are to be transmitted in accord- ance with subsection 2 (2) or the regulations may, on behalf of the Crown, retain such qualified person or persons as he consid- ers necessary and adequate, and authorize him or them to audit and examine the relevant records, bank accounts and financial information of such public agency and to prepare and make available as he shall direct a proper annual remuneration state- ment for such public agency for any statement year for which such proper statement is not available. (2) Every public agency, and every officer or employee there- of, shall, where an audit and examination is authorized under subsection (1), take all necessary action and make available all necessary facilities to facilitate and promote the accuracy of such audit and examination, and no person shall hinder or obstruct any person authorized under subsection (1) to make an audit or examination. Cost of audit Consolidation of statements (3) The proper charges and fees of any person or persons for an audit and examination under subsection (1) and for the preparation of any annual remuneration statement shall be paid out of the Consolidated Revenue Fund and are thereupon a debt due to the Crown from the public agency so audited and examined, and are recoverable by action or otherwise from such public agency. 5. — (1) With the approval in writing of the member of the Executive Council to whom their annual remuneration state- ments are to be transmitted under subsection 2 (2) or the regula- tions, and subject to such conditions as may be specified in the approval, any two or more public agencies may consolidate their separate annual remuneration statements into one annual remuneration statement where such consolidation would be more economical and efficient, would better suit the organizational structure and relationship of such public agencies, and would not be contrary to the public interest. (2) The amount of any remuneration to be shown in an annual Amount may , , 1 1 i . 1 be rounded remuneration statement may be shown rounded to the nearest whole dollar. 6. — (1) Her Majesty the Queen in right of Ontario is bound Crown to ... be bound by this Act. (2) This Act applies to every past or future enactment not- This Act withstanding any provision in such enactment to the contrary, unless, and then only to the extent that, such enactment expressly provides for the inapplicability of any or all of the provisions of this Act. 7. Notwithstanding section 2, where the salary or wages of an Annual officer or employee of a public agency is paid out of the Consoli- statement dated Revenue Fund from money appropriated for such pay- °^ Crown ment, the remuneration of such officers or employees that is to be shown in any annual remuneration statement shall be shown in one annual remuneration statement prepared by the Crown and made available to the public within the time required for the delivery of the public accounts of Ontario for the fiscal year ending next after the statement year for which such annual remuneration statement is made, and the name and amount of remuneration of any person included in the annual remuneration statement prepared under this section need not be shown in the annual remuneration statement of any other public agency. 8. A public agency that has no officers or employees whose Where no remuneration for a statement year is $30,000 or more is not necessary required to make available an annual remuneration statement for that statement year. 9. This Act shall be administered by the Treasurer of Ontario Administration of Act and Minister of Economics or such other member of the Execu- tive Council as is designated by the Lieutenant Governor in Council to administer this Act. 10. The Lieutenant Governor in Council may by regulation, Regulations (a) prescribe information in addition to that specified in this Act that shall be provided by any public agency or class of public agency in an annual remuneration statement; ib) prescribe the format, form and manner in which an annual remuneration statement shall be printed or pro- duced; 6 (c) designate as a public agency any authority, board, commission, corporation, office or organization of per- sons; id) prescribe the fees, or method of computation of fees, that may be charged by a public agency for the provi- sion to the public of copies of an annual remuneration statement; (e) define any word or expression in this Act that is not already defined, and further define the expressions "officer" and "remuneration" in order to prevent or mitigate the avoidance by any person of the application of this Act to any situation or circumstance to which it is considered this Act should be applicable; (/) designate the member of the Executive Council to whom a public agency or class of public agency shall transmit copies of its annual remuneration statement under subsection 2 (2); (g) delegate to any person or persons in the public service of Ontario any power or duty conferred or imposed by this Act on any member of the Executive Council; (h) alter the amounts of $30,000 and $40,000 to such other amounts as are prescribed for the purpose of clause 1 (a) and the application of this Act. Commence- 1 1 . This Act comes into force on the day it receives Royal ment . , Assent. Short title 12. The short title of this Act is the Public Remuneration Disclosure Act, 1982. «2 bo H H g X 5_ o l-< I-! z o o l-t1 i-h r^ w o o 3 CTJ o (-^ 13 O B3 g 3. o" P o* &3 r t/) 3 M a w 1^ On >0 >3 00 >3 c^ c^ <-♦■ 0% » & tr ?^ 0«5 0^ W 3 CD n C ^ cr o 5. c C". cr w B^ - *0 3 Id n o s;- fD ftJ > 3 3 a 3 O >-< t3 ft3 1-1 rj- O O" < 3 a -o ™ O- >-< r-f- rt- O 3- 9^ cr ^ o CT" C 3t cr n t:r o 3 CD 3: 3 O" a. 3 BILL 117 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Ontario New Home Warranties Plan Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill provides that damages in respect of unfinished work are not excluded from the categories of damage for which compensation may be payable out of H.U.D.A.C.'s guarantee fund. The Bill also increases, from fifteen to sixty days, the period during which a person seeking review of a decision about compensation made by H.U.D.A.C. may require a hearing by The Commercial Registration Appeal Tribunal. BILL 117 1982 An Act to amend the Ontario New Home Warranties Plan Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Subsection 14 (1) of the Ontario New Home Warranties Plan Act, ^ h (i), being chapter 350 of the Revised Statutes of Ontario, 1980, is amended by adding at the end thereof "but the regulations shall not exclude from the amount payable damages in respect of unfinished work". 2. Subsection 16 (2) of the said Act is amended by striking out* i6(2), "fifteen" in the third line and inserting in lieu thereof "sixty". 3. This Act comes into force on the day it receives Royal Assent. Commence- -^ ment 4. The short title of this Act is the Ontario New Home Warranties short title Plan Amendment Act, 1982. -.'• (» ^ >i «». c3 ;:s s ^ w «> TJ S S Ct" (^ P ;^ ►3 Si a- Qr<5 03 "-^ o 3 O ^ -I 3 P CI. 3 13 3 BILL 118 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Residential Tenancies Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill would require that landlords of rental units that are exempt from rent review because they were not occupied before January 1, 1976 or because the monthly rental exceeds $750 provide prospective tenants with written notice of the exempt status. The consequence of failure to provide notice would be to subject the unit to rent review for a two-year period. BILL 118 1982 An Act to amend the Residential Tenancies Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Section 134 of the Residential Tenancies Act, being chapter 452 of ^ ^^'*' , ' . 1 1 r 11- amended the Revised Statutes of Ontario^ 1980, is amended by adding thereto the following subsections: (la) Where clause (1) (c), {d) or (e) applies to a rental unit, the Notice that ,,,,,„ , . . , , , . . rental unit landlord shall ensure that written notice that the rental unit is so exempt exempt is delivered to the tenant before the tenancy agreement is made. {lb) Despite subsection (1), where a landlord fails to comply Failure with subsection (la), this Part applies to the rental unit until the notice second anniversary of the tenancy agreement or until termination of the tenancy, whichever is earlier. 2. This Act comes into force on the day it receives Royal Assent. Commence- •^ "^ ment 3. The short title of this Act is the Residential Tenancies Amendment Short title Act, 1982. s.m un: H da viv "n § S O- cib f 1— 1 0^5 Co 00 >3 O- a S- H- » s' o 0^5 50 3 > 3 3 BILL 119 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Municipal Elections Act The Hon. C. Bennett Minister of Municipal Affairs and Housing TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes Section 1. "Minister" is now defined as the Minister of Intergovernmen- tal Affairs; the amendment reflects the assignment of the administration of the Act to the Minister of Municipal Affairs and Housing by the Ministry of Munici- pal Affairs and Housing Act, 1981 . Section 2. — Subsection 1. The proposed re-enactment adds a reference to the poll clerk. Subsection 2. Section 4 of the Act provides for the appointment of deputy returning officers, poll clerks, election assistants, assistant returning officers and assistant revising officers; the added subsection requires that these appointees be at least 18 years of age. Section 3. Subsection 8 (1) of the Act now reads as follows: (1) Except where otherwise specifically provided by this or any other spe- cial or general Act, the cost of an election shall be borne by the munici- pality in which it is held. The amendment will require that the costs of an election be paid on the certificate of the clerk of the responsible municipality. Section 4. Section 16 of the Act now reads as follows: 16. Every person entitled to be an elector in a municipality under section 12, 13 or 33 is entitled to be an elector to vote on a money by-law submitted for the assent of the electors of the municipality. The re-enactment is designed to make it clear that a person entitled to be an elector under any provision of the Act is entitled to vote on a money by-law. Section S. Clauses 36 (1) (6) and (c) of the Act require nomination papers to show the name and address of the person nominated and the names and addresses of the electors signing the papers; the subsection (la) to be added provides that the address to be shown is to be the address within the municipality of the relevant person. The new subsection (8) provides that the determination of school support, for nomination paper purposes, is to be in accordance with that shown on the preliminary list of electors delivered to the clerk by the assessment commissioner, as revised up to the time the nomination paper is filed. BILL 119 1982 An Act to amend the Municipal Elections Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Paragraph 18 of section 1 of the Municipal Elections Act, being re-cMcted^^' chapter 308 of the Revised Statutes of Ontario, 1980, is repealed and the following substituted therefor: 18. "Minister" means the Minister of Municipal Affairs and Housing. 2. — (1) Subsection 4 (4) of the said Act is repealed and the following I'^^^^l substituted therefor: re-enacted (4) If a deputy returning officer or a poll clerk through illness Where d.r.o. or for any other reason becomes unable to perform his duties on unable to^"^ polling day, the clerk shall appoint another person to act in his perform place. (2) Section 4 of the said Act is amended by adding thereto the g^'^gpjgjj following subsection: (10) No person shall be appointed under this section who has ^R^ °^ , , r • 1 persons not attamed the age oi eighteen years. appointed 3. Subsection 8 (1) of the said Act is amended by adding at the end ^ » (i). thereof "and all costs shall be paid on certification of the clerk". 4. Section 16 of the said Act is repealed and the following substituted reinacted therefor: 16. Every person entitled to be an elector in a municipality is who may entitled to be an elector to vote on a money by-law submitted for money"by-iaws the assent of the electors of the municipality. 5. Section 36 of the said Act is amended by adding thereto the fol-* ^^' , -^ "^ amended lowing subsections: What address to be shown (la) The address referred to in clauses (1) {b) and (c) shall be the address within the municipality of the person nominated or the elector signing the nomination paper, as the case may be. Determination of whether public or separate school elector (8) For the purposes of this section, the determination as to whether an elector is a public school elector or a separate school elector shall be in accordance with the support indicated on the list of electors delivered to the clerk under section 22, as revised up to the time the nomination paper is filed. s. 41 (2), re-enacted 6. Subsection 41 (2) of the said Act is repealed and the following substituted therefor: Notice of poll (2) Notice of the time, and the date for the holding of the poll in an election, including the advance poll, and notice of the last day for making application to the clerk for a certificate to vote by proxy, shall be given by the clerk forthwith after it has been determined that a poll is required, by posting the notice in at least two conspicuous places in the municipality, and, where there is a newspaper having general circulation in the munici- pality, by publishing the notice in such newspaper. s. 42 (4), amended s. 43 (4), re-enacted 7. Subsection 42 (4) of the said Act is amended by striking out "the municipality shall comply with the provisions of the order" in the fifth and sixth lines and inserting in lieu thereof "the provisions of the order shall be complied with". 8. Subsection 43 (4) of the said Act is repealed and the following substituted therefor: Where addresses to be shown s. 46 (7, 8), re-enacted; s. 46 (9-11), enacted Notice of date and time of polling and of location of polling place (4) Where there are two or more candidates for election to an office whose given and surnames are identical or so nearly identical as to create the possibility of confusion, the address, being the qualifying address within the municipality, of all can- didates for election to such office shall be shown on the face of the ballot for such office immediately under their names and in sufficient detail as to identify each candidate. 9. Subsections 46 (7) and (8) of the said Act are repealed and the following substituted therefor: (7) In municipalities having more than 5,000 electors, the clerk shall advise each elector of the date and time of polling including advance polls and the location of the polling place in which the elector is to vote, (a) in the case of a resident elector, by mailing or causing to be delivered to the elector a notice of the date and time of polling and of the location of such polling place; and Section 6. Subsection 41 (2) of the Act requires the clerk to give notice of the time for holding the poll where one is required; the re-enactment proposed will require the notice to include the day on which the poll is to be held. Section 7. Subsection 42 (4) of the Act now reads as follows: (4) Where a municipality authorizes the use of voting machines, voting recorders or other voting devices, the Minister shall, by order, provide for procedures which may be necessary to conduct the election by the use of such machines, recorders or devices and the municipality shall comply with the provisions of the order. The amendment provides that not only the affected municipality must com- ply with the terms of a Minister's order authorizing the use of voting machines or recorders but also any other persons affected thereby. Section 8. The amendment is similar in principle to that contained in section 5 of the Bill. The words "being the qualifying address within the munici- pality" found in the re-enactment, have been added to subsection 43 (4) of the Act as it now reads. Section 9. Subsections 46 (7) and (8) of the Act now read as follows: (7) In municipalities having more than 5,000 electors, the clerk shall advise each elector of the location of the polling place in which that elector is to vote, (a) in the case of a resident elector, by mailing or causing to be delivered to the elector a notice of the location of such polling place; and (b) in the case of a non-resident elector, by mailing to the elector a notice of the location of such polling place. (8) y otwithstanding clause (7) (a), the council of a municipality having more than 5,000 electors may, by by-law passed not later than the 1st day in September of an election year, provide that the clerk shall advise each resident elector of the location of the polling place at which that elector is to vote by mailing or causing to he delivered to the address of the elector a notice of the location of such polling place, which notice shall be directed to all the electors at that address. It will be observed that in the proposed re-enactment of those two subsec- tions the notice to be given is to include a reference to the date and time of polling, including advance polls, in addition to the location of the polling place. Subsections (9), (10) and (11) are new. Subsection (9) requires the clerk of a municipality having not more than 5,000 electors to give the notice described in that subsection. Subsection (10) restrains a municipality from repealing a by-law passed by it under subsection (8) later than the 1st day of September in an election year. Subsection (11) provides for notice to be given by newspaper publication in the event of a disruption of postal service. Section 10. Section 49 of the Act provides, inter alia, that a public school elector or a separate school elector may respectively vote on the election of a member to a school board where the members of the board are to be elected by public school electors or by separate school electors, as the case may be. New subsection (4) proposed to be added provides that the determination of school support for these purposes is to be in accordance with the polling list of electors for each polling subdivision as prepared and certified by the clerk after all applications for revision of the preliminary list have been determined. Section 11. Section 57 of the Act now reads as follows: 57. Where an elector entitled to vote at a polling place applies for a ballot paper and it appears that another person has voted as such elector or that an entry has been made in the polling list in error that such elector has polled his vote, if such person takes an oath in the prescribed form and otherwise establishes his identity to the satisfaction of the deputy returning officer he is entitled to receive a ballot paper. The words proposed by the amendment to be added at the end require the D.R.O. to enter on the polling list the name and address of an elector who has voted after another person has apparently voted as that elector. Section 12. — Subsection 1. The clause to be repealed refers to the plac- ing in the ballot box by the D.R.O. of a declaration that, by reason of an earlier amendment to the Act, is no longer required to be taken. (b) in the case of a non-resident elector, by mailing to the elector a notice of the date and time of polling and of the location of such polling place. (8) Notwithstanding clause (7) (a), the council of a municipal- Wem ity having more than 5,000 electors may, by by-law passed not later than the 1st day of September in an election year, provide that the clerk shall advise each resident elector of the date and time of polling, including advance polls, and of the location of the polling place at which that elector is to vote by mailing or causing to be delivered to the address of the elector a notice of the date and time of polling and of the location of such polling place, which notice shall be directed to all the electors at that address. (9) In municipalities having not more than 5,000 electors, the ^em clerk shall post a notice in two conspicuous places within the municipality and, where there is a newspaper having general circulation in the municipality, publish a notice once in the newspaper, advising the date and time of polling including advance polls and the location of the polling places. (10) A by-law passed under subsection (8) shall remain in Repeal of by-law effect until repealed but shall not be repealed in an election year later than the 1st day of September. (11) Where, by reason of a disruption in mail delivery service. Where postal service it is not possible to comply with subsection (7) or (8), the clerk disrupted shall publish a notice at least once in a newspaper having general circulation in the municipality advising the date and time of polling, including advance polls, and the location of the polling place in which each elector is to vote. 10. Section 49 of the said Act is amended by adding thereto the fol- amended lowing subsection: (4) For the purposes of this section, the determination as to Determination whether an elector is a public school elector or a separate school public or elector shall be in accordance with the support indicated on the separate •r- 1 1 • school list certified under section 31. elector 1 1 . Section 57 of the said Act is amended by adding at the end thereof » 57, ,, , , , • ri" 1 11 amended and the deputy returning officer shall enter or cause to be entered on the polling list maintained by the poll clerk the name and address of such elector". 12.— (1) Clause 78 (1) (d) of the said Act is repealed. ^ 78 u) (rf), ^ repealed (2) Subsection 78 (2) of the said Act is repealed and the following * ^^ <2), _ , - _ re-enscieci substituted therefor: Box to be locked, etc. (2) The deputy returning officer shall then lock and seal the ballot box and, except where otherwise directed by the clerk, forthwith deliver it and the documents enumerated in subsection (1) personally to the clerk. s. 78 (4), amended (3) Subsection 78 (4) of the said Act is amended by inserting after "shall" in the eleventh line "except where otherwise directed by the clerk". s. 80 (2), re-enacted 13. Subsection 80 (2) of the said Act is repealed and the following substituted therefor: Opening box when documents omitted from or placed in box in error, etc. (2) Where the documents specified in subsection 78 (1) are in error omitted from or placed in the ballot box, or where the clerk considers it necessary to ascertain the meaning of a statement, the clerk may open such ballot box or boxes in the presence of the deputy returning officer concerned, and having corrected the error or after having recovered or ascertained the meaning of the statement, as the case may be, the box shall be resealed by the deputy returning officer in the presence of the clerk and by the clerk. s. 83, amended 14. Section 83 of the said Act is amended by adding thereto the fol- lowing subsection: Determination by judge of ballot boxes to be opened (2a) Where an application is made under subsection (2), the judge may determine which ballot boxes shall be opened for the purpose of the recount. s. 96, amended 15. Section 96 of the said Act is amended by striking out "$1,000" in the eighth line and inserting in lieu thereof "$2,000". s. 97, amended 16. Section 97 of the said Act is amended by striking out "$1,000" in the thirteenth line and inserting in lieu thereof "$2,000". s. 98, amended 1 7. Section 98 of the said Act is amended by striking out "$1,000" in the fourth line and inserting in lieu thereof "$2,000". s. 99, amended 18. Section 99 of the said Act is amended by striking out "$1,000" in the fourth line and inserting in lieu thereof "$2,000". s. 100, amended 1 9. Section 100 of the said Act is amended by striking out "$1,000" in the twentieth line and inserting in lieu thereof "$2,000". s. 101, amended 20. Section 101 of the said Act is amended by striking out "$1,000" in the fourth line and inserting in lieu thereof "$2,000". s. 102, amended 21 . Section 102 of the said Act is amended by striking out "$1,000" in the seventh line and inserting in lieu thereof "$2,000". Subsection 2. — Subsection 78 (2) of the Act as it is proposed to be re-enacted is set out below showing underhned the words to be added: (2) The deputy returning officer shall then lock and seal the ballot box and, except where otherwise directed by the clerk, forthwith deliver it and the documents enumerated in subsection (1) personally to the clerk. Subsection 3. The amendment is similar to that set out in subsection (2) above, and relates to the delivery of the ballot box to the clerk by the poll clerk or some person chosen by the D.R.O. where he is unable to do so owing to illness or other cause. Section 13. The proposed re-enactment of subsection 80 (2) of the Act adds "or where the clerk considers it necessary to ascertain the meaning of a statement" to the grounds on which the clerk may open a ballot box. Section 14. Section 83 of the Act sets out the procedure on a recount before a county court judge. The subsection to be added empowers the judge conducting the recount to determine which of the ballot boxes need to be re- opened for the purpose. Sections IS to 22. These penalty provisions are amended to increase the maximum fine in each case to $2,000. Section 22>. The general offence provision of the Act is broadened to include a reference to an order of the Minister authorizing the use of voting machines or recorders: see also the explanatory note to section 7 of the Bill. Section 24. — Subsection 1. A reference is added to section 121 of the Act in relation to the imposition of penalties on a person found to have committed a corrupt practice, complementary to section 18 of the Bill. Subsection 2. Complementary to section 17 of the Bill, normally an action as to whether any person is guilty of a corrupt practice may not be commenced later than ninety days after polling day. Section 25. Section 121 of the Act now reads as follows: 121. The council of a municipality may by by-law provide for limitations on elections expenditures by or on behalf of a candidate and require the disclosure by a candidate of all election contributions to his campaign in excess of $100 in the form of money and goods and services. As re-enacted, the section will authorize cities, towns, villages, townships and The Regional Municipality of Niagara to, by by-law, regulate election con- tributions to, and require the reporting of expenses and contributions by, candi- dates for office on their respective councils. Where a by-law is passed it must contain the provisions mentioned in subsection (2). Any person who contravenes the provisions of a by-law passed under this section is guilty of a corrupt practice and, in addition to any other penalty or order the court may make when it determines a person has committed a corrupt practice, is liable to a fine of up to $2,000. 22. Subsection 103 (1) of the said Act is amended by striking out all gniended' that part of the subsection immediately following clause (i) and inserting in lieu thereof "is guilty of bribery, and on conviction is liable to a fine of $2 ,000, or to imprisonment for a term of not more than six months, or to both, and is disqualified from voting at any election for four years". 23. Section 104 of the said Act is repealed and the following substi- tuted therefor: s. 104, re-enacted 104. Every person who contravenes any of the provisions of ^f^"^^^' this Act for which contravention no penalty is otherwise pro- vided, or who contravenes an order of the Minister made under section 42, is guilty of an offence and on conviction is liable to a fine of not more than $2,000. 24.— (1) Subsection 106 (2) of the said Act is amended by adding at the ^ Je°ded ' end thereof "and section 121". (2) Section 106 of the said Act is amended by adding thereto the * ^°^' . ' ./ o amended following subsection: (5) Notwithstanding subsection (4), an action may. be com- ^^^"^ menced as to whether or not any person is guilty of a corrupt practice in respect of the contravention of a by-law passed under section 121, not later than the expiration of 180 days following the date of the election referred to in subsection (1). 25. Section 121 of the said Act is repealed and the following substi- ^ ^^'' , ^ " re-enacted tuted therefor: 121.— (1) In this section, J"*."?'-^ tation (a) "candidate" does not include a candidate nominated for election to office as a member of a local board or as a trustee of a police village; (b) "contributions" do not include any goods produced by voluntary unpaid labour or any services performed by an individual voluntarily for a candidate without com- pensation from any source; (c) "municipality", in addition to the meaning set out in section 1, includes The Regional Municipality of Niag- ara; (d) "person" includes a trade union, a corporation and an association; ie) "spouse" means either of a man and woman who. 6 (i) are married to each other, or (ii) are married to each other by a marriage that is voidable and has not been voided by a judg- ment of nullity, or (iii) have gone through a form of marriage with each other, in good faith, that is void and are cohabiting or have cohabited within the pre- ceding year, or (iv) not being married to each other have cohabited, (A) continuously for a period of not less than five years, or (B) in a relationship of some permanence where there is a child born of whom they are the natural parents, and have so cohabited within the preceding year. By-law (2) The council of a municipality may pass a by-law regulating election"^ election contributions and requiring the reporting of expenses contributions, ^j^(^ Contributions and, where a by-law is passed under this sec- tion, the by-law shall, (a) prohibit any person from making contributions in excess of $500 in the form of money, goods or services to any candidate in any calendar year; (b) prohibit any candidate from accepting contributions in the form of money, goods or services in excess of $500 from any person in any calendar year; (c) require a candidate or his representative to issue a receipt for all money contributions received by him; (d) require a candidate to keep a record of all expenses incurred by him in respect of his candidacy; (e) require a candidate to keep a record of all contributions received by him in respect of his candidacy, whether in the form of money, goods or services; (/) require candidates to file with the clerk of the munici- pality within ninety days of the date of the election a report which shall contain, etc (i) a statement of the total amount of money con- tributions received by the candidate in respect of his candidacy up to the date of such report, (ii) a list of contributions in the form of goods or services and the value thereof received by the candidate in respect of his candidacy up to the date of such report, (iii) the name, address and contribution of each person who, up to the date of such report, made a contribution whether in the form of money, goods or services of more than $100, and (iv) an itemized list of all expenses incurred by the candidate in respect of his candidacy up to the date of such report; (g) direct the clerk to submit to the council the information received by him pursuant to a by-law passed under this section; and (h) empower the clerk to prescribe forms for the purposes of a by-law passed under this section. (3) Any moneys to be used for an election campaign by a Candidate's candidate out of his own funds or out of the funds of the spouse deem^ed not of the candidate shall be deemed not to be a contribution for the contribution purposes of a by-law passed under this section. (4) A contribution made to a representative of a candidate Contributions shall be deemed to be a contribution to the candidate. representative (5) Every person who contravenes the provisions of a by-law Contravention passed under this section is guilty of a corrupt practice and is ° ^ ^^ liable to a fine of not more than $2,000. 26. This Act comes into force on the day it receives Royal Assent. Commence- ment 27. The short title of this Act is the Municipal Elections Amendment Short title Act, 1982. t» o H i-h K g w c 3_ ffi o n' z "5' £L p > bd £. w ►^* z t/5 Z »3 M 3 H a- H ffi o c en 5' (TQ (A5 05 05 bo O 0!> cr a g- t— * §' o OrC) c > I— r+ l-rt ° 3 BILL 119 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Municipal Elections Act The Hon. C. Bennett Minister of Municipal Affairs and Housing TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 119 1982 An Act to amend the Municipal Elections Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Paragraph 18 of section 1 of the Municipal Elections Act, being re-enacted^ ^' chapter 308 of the Revised Statutes of Ontario, 1980, is repealed and the following substituted therefor: 18. "Minister" means the Minister of Municipal Affairs and Housing. 2. — (1) Subsection 4 (4) of the said Act is repealed and the following re-enacted substituted therefor: (4) If a deputy returning officer or a poll clerk through illness Where d.r.o. or for any other reason becomes unable to perform his duties on unable to^'^ polling day, the clerk shall appoint another person to act in his perfo™ place. (2) Section 4 of the said Act is amended by adding thereto the ^^j^^^^^^^^ following subsection: (10) No person shall be appointed under this section who has Age of ' /• . 1 persons not attamed the age ot eighteen years. appointed 3. Subsection 8 (1) of the said Act is amended by adding at the end » s (i), thereof "and all costs shall be paid on certification of the clerk". 4. Section 16 of the said Act is repealed and the following substituted reinacted therefor: 16. Every person entitled to be an elector in a municipality is who may ititled to be an elector to vote on a money b} the assent of the electors of the municipality. entitled to be an elector to vote on a money by-law submitted for mone^yiaws 5. Section 36 of the said Act is amended by adding thereto the fol- ^^^^^^^^^ lowing subsections: What address to be shown (la) The address referred to in clauses (1) (b) and (c) shall be the address within the municipality of the person nominated or the elector signing the nomination paper, as the case may be. Determination of whether public or separate school elector (8) For the purposes of this section, the determination as to whether an elector is a public school elector or a separate school elector shall be in accordance with the support indicated on the list of electors delivered to the clerk under section 22, as revised up to the time the nomination paper is filed. s. 41 (2), re-enacted 6. Subsection 41 (2) of the said Act is repealed and the following substituted therefor: Notice of poll (2) Notice of the time, and the date for the holding of the poll in an election, including the advance poll, and notice of the last day for making application to the clerk for a certificate to vote by proxy, shall be given by the clerk forthwith after it has been determined that a poll is required, by posting the notice in at least two conspicuous places in the municipality, and, where there is a newspaper having general circulation in the munici- pality, by publishing the notice in such newspaper. s. 42 (4), amended 7. Subsection 42 (4) of the said Act is amended by striking out "the municipality shall comply with the provisions of the order" in the fifth and sixth lines and inserting in lieu thereof "the provisions of the order shall be complied with". s. 43 (4), re-enacted 8. Subsection 43 (4) of the said Act is repealed and the following substituted therefor: Where addresses to be shown (4) Where there are two or more candidates for election to an office whose given and surnames are identical or so nearly identical as to create the possibility of confusion, the address, being the qualifying address within the municipality, of all can- didates for election to such office shall be shown on the face of the ballot for such office immediately under their names and in sufficient detail as to identify each candidate. s. 46 (7, 8), re-enacted; s. 46 (9-11), enacted Notice of date and time of polling and of location of polling place 9. Subsections 46 (7) and (8) of the said Act are repealed and the following substituted therefor: (7) In municipalities having more than 5,000 electors, the clerk shall advise each elector of the date and time of polling including advance polls and the location of the polling place in which the elector is to vote. (a) in the case of a resident elector, by mailing or causing to be delivered to the elector a notice of the date and time of polling and of the location of such polling place; and (b) in the case of a non-resident elector, by mailing to the elector a notice of the date and time of polling and of the location of such polling place. (8) Notwithstanding clause (7) (a), the council of a municipal- Wem ity having more than 5,000 electors may, by by-law passed not later than the 1st day of September in an election year, provide that the clerk shall advise each resident elector of the date and time of polling, including advance polls, and of the location of the polling place at which that elector is to vote by mailing or causing to be delivered to the address of the elector a notice of the date and time of polling and of the location of such polling place, which notice shall be directed to all the electors at that address. (9) In municipalities having not more than 5,000 electors, the ^dem clerk shall post a notice in two conspicuous places within the municipality and, where there is a newspaper having general circulation in the municipality, publish a notice once in the newspaper, advising the date and time of polling including advance polls and the location of the polling places. (10) A by-law passed under subsection (8) shall remain in J^^peai of by-law effect until repealed but shall not be repealed in an election year later than the 1st day of September. (11) Where, by reason of a disruption in mail delivery service, where postal it is not possible to comply with subsection (7) or (8), the clerk disrupted shall publish a notice at least once in a newspaper having general circulation in the municipality advising the date and time of polling, including advance polls, and the location of the polling place in which each elector is to vote. 10. Section 49 of the said Act is amended by adding thereto the fol- an^'^e^nded lowing subsection: (4) For the purposes of this section, the determination as to Determination . 1 !• 1 1 1 11 of whether whether an elector is a public school elector or a separate school public or elector shall be in accordance with the support indicated on the j^^oof*^ list certified under section 31. elector 1 1 . Section 57 of the said Act is amended by adding at the end thereof ^ ^^' _, . amended and the deputy returning officer shall enter or cause to be entered on the polling list maintained by the poll clerk the name and address of such elector". 12.— (1) Clause 78 (1) (d) of the said Act is repealed. re^aieV''^' (2) Subsection 78 (2) of the said Act is repealed and the following l-^ H^jli, substituted therefor: re-enacted Box Jo be .locked, etc. (2) The deputy returning officer shall then lock and seal the ballot box and, except where otherwise directed by the clerk, forthwith deliver it and the documents enumerated in subsection (1) personally to the clerk. s. 78 (4), amended (3) Subsection 78 (4) of the said Act is amended by inserting after "shall" in the eleventh line "except where otherwise directed by the clerk". s. 80 (2), re-enacted 13. Subsection 80 (2) of the said Act is repealed and the following substituted therefor: Opening box when documents omitted from or placed in box in error, etc. (2) Where the documents specified in subsection 78 (1) are in error omitted from or placed in the ballot box, or where the clerk considers it necessary to ascertain the meaning of a statement, the clerk may open such ballot box or boxes in the presence of the deputy returning officer concerned, and having corrected the error or after having recovered or ascertained the meaning of the statement, as the case may be, the box shall be resealed by the deputy returning officer in the presence of the clerk and by the clerk. s. 83, amended 14. Section 83 of the said Act is amended by adding thereto the fol- lowing subsection: Determination by judge of ballot boxes to be opened (2a) Where an application is made under subsection (2), the judge may determine which ballot boxes shall be opened for the purpose of the recount. s. 96, amended 15. Section 96 of the said Act is amended by striking out "$1,000" in the eighth line and inserting in lieu thereof "$2,000". s. 97, amended 16. Section 97 of the said Act is amended by striking out "$1,000" in the thirteenth line and inserting in lieu thereof "$2,000". s. 98, amended 1 7. Section 98 of the said Act is amended by striking out "$1,000" in the fourth line and inserting in lieu thereof "$2,000". s. 99, amended 18. Section 99 of the said Act is amended by striking out "$1,000" in the fourth line and inserting in lieu thereof "$2,000". s. 100, amended 1 9. Section 100 of the said Act is amended by striking out "$1,000" in the twentieth line and inserting in lieu thereof "$2,000". s. 101, amended 20. Section 101 of the said Act is amended by striking out "$1,000" in the fourth line and inserting in lieu thereof "$2,000". s. 102, amended 21. Section 102 of the said Act is amended by striking out "$1,000" in the seventh line and inserting in lieu thereof "$2,000". 22. Subsection 103 (1) of the said Act is amended by striking out all an^g^^^jg^^' that part of the subsection immediately following clause (i) and inserting in lieu thereof "is guilty of bribery, and on conviction is liable to a fine of $2,000, or to imprisonment for a term of not more than six months, or to both, and is disqualified from voting at any election for four years". 23. Section 104 of the said Act is repealed and the following substi- tuted therefor: s. 104, re-enacted 104. Every person who contravenes any of the provisions of General this Act for which contravention no penalty is otherwise pro- vided, or who contravenes an order of the Minister made under section 42, is guilty of an offence and on conviction is liable to a fine of not more than $2,000. 24.— (1) Subsection 106 (2) of the said Act is amended by adding at the iJ^^^i^^' end thereof "and section 121". amended (2) Section 106 of the said Act is amended by adding thereto the * ^°^,' , ' ^ o amended following subsection: (5) Notwithstanding subsection (4), an action may be com- ^'^^^ menced as to whether or not any person is guilty of a corrupt practice in respect of the contravention of a by-law passed under section 121, not later than the expiration of 180 days following the date of the election referred to in subsection (1). 25. Section 121 of the said Act is repealed and the following substi- ^ ^^^' . '^ ^ re-enacted tuted therefor: 121.— (1) In this section, Interpre- ' ' tation (a) "candidate" does not include a candidate nominated for election to office as a member of a local board or as a trustee of a police village; (b) "contributions" do not include any goods produced by voluntary unpaid labour or any services performed by an individual voluntarily for a candidate without com- pensation from any source; (c) "municipality", in addition to the meaning set out in section 1, includes The Regional Municipality of Niag- ara; id) "person" includes a trade union, a corporation and an association; (e) "spouse" means either of a man and woman who, 6 (i) are married to each other, or (ii) are married to each other by a marriage that is voidable and has not been voided by a judg- ment of nullity, or (iii) have gone through a form of marriage with each other, in good faith, that is void and are cohabiting or have cohabited within the pre- ceding year, or (iv) not being married to each other have cohabited, (A) continuously for a period of not less than five years, or < (B) in a relationship of some permanence where there is a child born of whom they are the natural parents, and have so cohabited within the preceding year. By-law (2) The council of a municipality may pass a by-law regulating dlcdon"^ election contributions and requiring the reporting of expenses contributions, ^i^^f^ Contributions and, where a by-law is passed under this sec- tion, the by-law shall, (a) prohibit any person from making contributions in excess of $500 in the form of money, goods or services to any candidate in any calendar year; (b) prohibit any candidate from accepting contributions in the form of money, goods or services in excess of $500 from any person in any calendar year; (c) require a candidate or his representative to issue a receipt for all money contributions received by him; id) require a candidate to keep a record of all expenses incurred by him in respect of his candidacy; (e) require a candidate to keep a record of all contributions received by him in respect of his candidacy, whether in the form of money, goods or services; (/) require candidates to file with the clerk of the munici- pality within ninety days of the date of the election a report which shall contain, etc (i) a statement of the total amount of money con- tributions received by the candidate in respect of his candidacy up to the date of such report, (ii) a list of contributions in the form of goods or services and the value thereof received by the candidate in respect of his candidacy up to the date of such report, (iii) the name, address and contribution of each person who, up to the date of such report, made a contribution whether in the form of money, goods or services of more than $100, and (iv) an itemized list of all expenses incurred by the candidate in respect of his candidacy up to the date of such report; (g) direct the clerk to submit to the council the information received by him pursuant to a by-law passed under this section; and (h) empower the clerk to prescribe forms for the purposes of a by-law passed under this section. (3) Any moneys to be used for an election campaign by a Candidate's candidate out of his own funds or out of the funds of the spouse deemed not of the candidate shall be deemed not to be a contribution for the contribution purposes of a by-law passed under this section. (4) A contribution made to a representative of a candidate Contributions shall be deemed to be a contribution to the candidate. representative (5) Every person who contravenes the provisions of a by-law Contravention passed under this section is guilty of a corrupt practice and is ° ^ ^^ liable to a fine of not more than $2,000. 26. This Act comes into force on the day it receives Royal Assent. Commence- ment 27. The short title of this Act is the Municipal Elections Amendment Short title Act, 1982. o H i-h ffi g W c 3_ o o" Z -5' B- P > bd S. w i-i' z en z W W 3 H a H X o c C£) 5' QTQ 00 B3 00 >3 Oft S 0^5 c ►*» 3_ 3 n' > T3 n P l-^ w O &3 3 a> o' 3 3 &. CAl ,-i. > 3- BILL 120 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Certification of Titles Act The Hon. R. G. Elgie Minister of Consumer and Commercial Relations TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Notes Section 1. It is proposed that The Certification of Titles Assurance Fund be combined with The Land Titles Assurance Fund. The amendment to the definition of "assurance fund" reflects the proposed change. Section 2. The Act will be divided into three parts. The existing sections 3 to 9 which relate to certification of titles by appHcation will form Part I of the Act. Section 3. The amendment clarifies that section 9 applies only to Part I of the Act. Section 4. The proposed Part II authorizes the Director of Titles to cer- tify the title to existing plans of subdivision as of the date of registration of the plan. The Director will be authorized to issue certificates on his own initiative and without holding a hearing if he is satisfied that the person who signed the plan as owner was the owner of the lands on the day the plan was registered. A certificate issued under this Part will eliminate the need for title searchers to search behind plans when searching title. The Director will be authorized to hold hearings if he considers it necesssary. Procedures similar to those for hearings under Part I will apply to hearings under Part II. A person wrongfully deprived of land as a result of the operation of Part II will have the same rights against the assurance fund as a person who is wrong- fully deprived of land under Part I. BILL 120 1982 An Act to amend the Certification of Titles Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Clause 1 (a) of the Certification of Titles Act, being chapter 61 of *^ *'')' the Revised Statutes of Ontario, 1980, is repealed and the follow- ing substituted therefor: (a) "assurance fund" means The Land Titles Assurance Fund formed under section 57 of the Land Titles Act. RS.o. i98o, c. 230 2. The said Act is amended by inserting after section 3 the following: Heading inserted PART I CERTIFICATION ON APPLICATION 3. Section 9 of the said Act is amended by inserting after "examina- ^^^^^ ^ tion" in the first line "under this Part". 4. The said Act is further amended by adding thereto the following P^n ii, ^^^^. enacted PART II CERTIFICATION OF EXISTING PLANS 9a. In this Part, "plan" means a plan of subdivision registered interpretation under the Registry Act. R.s.o. i980, ° -' c. 445 96. — (1) The Director may, of his own initiative and without Certification holding a hearing, certify the title of the owner of land included °^ ^'^"^ in a plan, as of the date of registration of the plan. (2) Before certifying the title of any land under this Part, the Duty of Director shall examine the title to the land and satisfy himself °'"''''°'' that the person to be named in the certificate of title as owner was the owner of the land for which the certificate of title is to be issued, as of the date of registration of the plan. Hearings authorized (3) Notwithstanding subsection (1), the Director may, for the purposes of complying with subsection (2), hold such hearings as he considers necessary, including hearings to determine the val- idity of any interest in the land of any person that appears to conflict with that of the person who signed the plan as owner, and, where the Director holds a hearing, the parties to the pro- ceeding shall be such persons as are named in the notice of hear- ing. Notice R.S.O. 1980, cc. 230, 44S Reference to a judge (4) A notice of a hearing under subsection (3) shall be served on the persons named in the notice and on every person or person of a class designated by the regulations and where the hearing is to determine the validity of an interest in the land of a person that appears to conflict with that of the person who signed the plan as owner, the notice is sufficiently served if it is sent by registered mail addressed to the person at the address furnished under section 166 of the Land Titles Act or section 37 of the Registry Act, or where no such address has been furnished, addressed to the solicitor whose name appears on the registered instrument by which that person appears to have an interest. (5) The Director, instead of holding a heariftg under subsec- tion (3), may refer the matter to a judge of the county or district court of the county or judicial district in which the land is situate, or of such other county or judicial district as the parties agree to, who shall hear and determine the matter referred to him on the evidence before him or may direct the trial of an issue. Copies to be sent to interested parties (6) Where the Director makes a decision under subsection (3), a copy of the decision shall be sent by first class mail or delivered by the Director to the parties to the proceeding and to every person who received notice of the hearing and appeared at the hearing. Appeals (7) Subsections 7 (2), (3) and (4) apply to a decision of the Director made under subsection (3). Disposition Omission of discharged claims 9c. — (1) When the Director has complied with subsection 9h (2) and any matter referred to a judge is finally disposed of, or where a hearing has been held and the Director has made his decision and any appeal therefrom has been disposed of, or where the time for appeal has elapsed and no appeal has been taken, the Director may issue a certificate of title to all or part of the land included in the plan. (2) Where the Director is satisfied that a claim or interest that existed on the day the plan was registered has expired or has been Section S. Sections 10 to IS will form Part III of the Act and will contain general provisions related to the certification of titles. Section 6. The change in wording clarifies that the person named in a certificate of title was the owner as of the time set out in the certificate. Section 7. The mandatory payment into the assurance fund will be eliminated and The Certification of Titles Assurance Fund and The Land Titles Assurance Fund will be combined into one fund. The re-enacted subsection 12 (1) has the same effect as the present subsection 12 (8). The proposed subsection 12 (2) ensures the continued effectiveness of bonds and covenants previously given. Section 8. The proposed subsection 13 (3) provides that the procedures established under the Land Titles Act for applying for compensation out of the assurance fund apply to claims under the Certification of Titles Act. Section 9. The proposed section 13a will enable the Director to register a notice on title if he becomes aware of a possible error in a certificate of title. The proposed section 13ft provides a mechanism for the correction of errors in certificates of title and is similar in effect to section 157 of the Land Titles Act. discharged or for any other reason no longer affects the land, the Director may omit the claim or interest from the certificate of title. 5. The said Act is further amended by inserting before section 10 the ^^^^^^'J^f following: PART III GENERAL 6. Section 11 of the said Act is amended by striking out "is" in the^ ^i' , •' ° amended fourth line and msertmg m lieu thereof was . 7. — (1) Section 12 of the said Act is repealed and the following sub-* ^^' , rc~cn3ciCQ stituted therefor: 12. — (1) The Director may require an applicant under Part I indemni- to indemnify the assurance fund against loss by a bond or coven- assurance fund ant in the prescribed form, either with or without sureties or by such other security as he considers proper. (2) Every bond and covenant to indemnify The Certification Previous . ' , . ^ , . , , - , . bonds and of Titles Assurance Fund given under a predecessor of subsection covenants (1) shall be deemed to be a bond or covenant, as the case may be, to indemnify the assurance fund. (2) The Accountant of the Supreme Court shall, as soon as prac- '^J^"*^" . -rkiA of funds ticable after this Act receives Royal Assent, (a) refund to an applicant all amounts paid after the 28th day of February, 1982 by the applicant under subsec- tion 12 (2) of the Certification of Titles Act as that R so. iqso, subsection read on that day; and {b) after deducting an amount sufficient to pay the refunds required by clause (a), transfer the amount standing to the credit of The Certification of Titles Assurance Fund to The Land Titles Assurance Fund Account. 8. Subsections 13 (3) to (10) of the said Act are repealed and the* ^^ (^)> following substituted therefor: s. :3 (4-id), repealed (3) Section 26, subsections 60 (5) to (12), section 61 and sub- Applications section 161 (3) of the Land Titles Act apply, with necessary modi- compensation fications, to claims for compensation under this section. R.s.o. i980, ' ^ c. 230 9. The said Act is further amended by adding thereto the following ** i^"- ^^^^ sections: Notice of possible error 13a. Where the Director becomes aware of a possible error in a certificate of title, he may give notice of the possible error by registering a notice in the prescribed form and the notice gives notice of the possible error to all persons until the notice is deleted from the abstract index by the Director. Amendment of certificates 13b. — (1) Subject to the regulations, the Director of his own initiative or on the application of any interested person may, before the receipt of any conflicting instruments or after notifying all persons interested, upon such evidence as appears to him sufficient, correct errors and omissions in any certificate of title by issuing an amendment to the certificate of title. Idem (2) The Director shall, in correcting a certificate of title, cor- rect it in the manner that he considers will do the least possible injury to any person affected by the correction. Copies of decision (3) Where the Director makes a decision under subsection (1), (a) on the application of an interested person; or (b) after notifying the interested persons, a copy of the decision shall be sent by first class mail or delivered by the Director to the applicant and the persons who received the notice. Appeals (4) Subsections 7 (2), (3) and (4) apply to a decision of the Director made under subsection (1). Registration of amendment (5) An amendment to a certificate of title shall be registered by the Director in the land registry office for the registry division in which the land is situate. Effect of registration (6) Upon registration under subsection (S), an amendment to a certificate of title takes effect in accordance with the terms set out in the amendment and is conclusive that every notice, publica- tion, proceeding and act that ought to have been made, given or done has been made, given or done in accordance with this Act. Claim against fund (7) A person injuriously affected by an amendrnent to a cer- tificate of registration is entitled to recover what is just by way of compensation out of the assurance fund under section 13, as if he were a person wrongfully deprived of an interest in land. s. 15, amended 10. Section 15 of the said Act is amended by adding thereto the fol- lowing clause: (aa) designating persons or classes of persons to whom notice of a hearing under subsection 9b (3) shall be Section 10. The proposed amendment to section 15 provides additional regulation-making powers and is complementary to the proposed subsection 9b (4). given and specifying the manner in which notice may be given. Commence- 1 1. — (1) This Act, except scctions 1, 7 and 8, comes into force on the day it receives Royal Assent. Idem (2) Sections 1, 7 and 8 shall be deemed to have come into force on the 1st day of March, 1982. Short title 1 2. The short title of this Act is the Certification of Titles Amendment Act, 1982. ba 5 a§ n o 3 ^W^ 2- c w g o ►-< 3 a P o a- Pi- 1-^ C-3 ^ o >3 Cfe r-t- c^ a jr a I—' o o l-( > 3 21 n" > S- n o r-K 3 o O JB ►-+) 3 H ft) 3 ^. CL n en &■ > fn O BILL 120 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Certification of Titles Act The Hon. R. G. Elgie Minister of Consumer and Commercial Relations TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 120 1982 An Act to amend the Certification of Titles Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Clause 1 (a) of the Certification of Titles Act, being chapter 61 of *^ <")• the Revised Statutes of Ontario, 1980, is repealed and the follow- ing substituted therefor: (a) "assurance fund" means The Land Titles Assurance Fund formed under section 57 of the Land Titles Act. R s.o. i98o, c. 230 2. The said Act is amended by inserting after section 3 the following: Heading inserted PART I CERTIFICATION ON APPLICATION 3. Section 9 of the said Act is amended by inserting after "examina- aj^g^ded tion" in the first line "under this Part". 4. The said Act is further amended by adding thereto the following ^^f' "• "art: enacted PART II CERTIFICATION OF EXISTING PLANS 9a. In this Part, "plan" means a plan of subdivision registered interpretation under the Registry Act. f-^^^^- i^^°' 9b. — (1) The Director may, of his own initiative and without Certification holding a hearing, certify the title of the owner of land included ° ^ ^"^ in a plan, as of the date of registration of the plan. (2) Before certifying the title of any land under this Part, the Duty of Director shall examine the title to the land and satisfy himself that the person to be named in the certificate of title as owner was the owner of the land for which the certificate of title is to be issued, as of the date of registration of the plan. Hearings authorized (3) Notwithstanding subsection (1), the Director may, for the purposes of complying with subsection (2), hold such hearings as he considers necessary, including hearings to determine the val- idity of any interest in the land of any person that appears to conflict with that of the person who signed the plan as owner, and, where the Director holds a hearing, the parties to the pro- ceeding shall be such persons as are named in the notice of hear- ing. Notice R.S.O. 1980, cc. 230, 445 (4) A notice of a hearing under subsection (3) shall be served on the persons named in the notice and on every person or person of a class designated by the regulations and where the hearing is to determine the validity of an interest in the land of a person that appears to conflict with that of the person who signed the plan as owner, the notice is sufficiently served if it is sent by registered mail addressed to the person at the address furnished under section 166 of the Land Titles Act or section 37 of the Registry Act, or where no such address has been furnished, addressed to the solicitor whose name appears on the registered instrument by which that person appears to have an interest. Reference to a judge (5) The Director, instead of holding a hearing under subsec- tion (3), may refer the matter to a judge of the county or district court of the county or judicial district in which the land is situate, or of such other county or judicial district as the parties agree to, who shall hear and determine the matter referred to him on the evidence before him or may direct the trial of an issue. Copies to be sent to interested parties (6) Where the Director makes a decision under subsection (3), a copy of the decision shall be sent by first class mail or delivered by the Director to the parties to the proceeding and to every person who received notice of the hearing and appeared at the hearing. Appeals (7) Subsections 7 (2), (3) and (4) apply to a decision of the Director made under subsection (3). Disposition 9c. — (1) When the Director has complied with subsection 96 (2) and any matter referred to a judge is finally disposed of, or where a hearing has been held and the Director has made his decision and any appeal therefrom has been disposed of, or where the time for appeal has elapsed and no appeal has been taken, the Director may issue a certificate of title to all or part of the land included in the plan. Omission of discharged claims (2) Where the Director is satisfied that a claim or interest that existed on the day the plan was registered has expired or has been discharged or for any other reason no longer affects the land, the Director may omit the claim or interest from the certificate of title. 5. The said Act is further amended by inserting before section 10 the Heading . ,- . inserted tollowmg: PART III GENERAL 6. Section 11 of the said Act is amended by striking out "is" in the* i^- fourth line and inserting in lieu thereof "was". 7. — (1) Section 12 of the said Act is repealed and the following sub-^ in- stituted therefor: 12. — (1) The Director may requirean applicant under Part I indemni- to indemnify the assurance fund against loss by a bond or coven- assurance fund ant in the prescribed form, either with or without sureties or by such other security as he considers proper. (2) Every bond and covenant to indemnify The Certification Previous of Titles Assurance Fund given under a predecessor of subsection covenants (1) shall be deemed to be a bond or covenant, as the case may be, to indemnify the assurance fund. (2) The Accountant of the Supreme Court shall, as soon as prac- transfer ticable after this Act receives Royal Assent, (a) refund to an applicant all amounts paid after the 28th day of February, 1982 by the applicant under subsec- tion 12 (2) of the Certification of Titles Act as that R so. iqso, subsection read on that day; and (b) after deducting an amount sufficient to pay the refunds required by clause (a), transfer the amount standing to the credit of The Certification of Titles Assurance Fund to The Land Titles Assurance Fund Account. 8. Subsections 13 (3) to (10) of the said Act are repealed and the^ i3 (3), following substituted therefor: s. i3 (4-id), repealed (3) Section 26, subsections 60 (5) to (12), section 61 and sub- 'Applications section 161 (3) of the Land Titles Act apply, with necessary modi- compensation fications, to claims for compensation under this section. R.s.o. i980, c. 230 9. The said Act is further amended by adding thereto the followingss. ua, nb, -^ * ^enacted sections: Notice of possible error Amendment of certificates Idem Copies of decision 13a. Where the Director becomes aware of a possible error in a certificate of title, he may give notice of the possible error by registering a notice in the prescribed form and the notice gives notice of the possible error to all persons until the notice is deleted from the abstract index by the Director. 13b. — (1) Subject to the regulations, the Director of his own initiative or on the application of any interested person may, before the receipt of any conflicting instruments or after notifying all persons interested, upon such evidence as appears to him sufficient, correct errors and omissions in any certificate of title by issuing an amendment to the certificate of title. (2) The Director shall, in correcting a certificate of title, cor- rect it in the manner that he considers will do the least possible injury to any person affected by the correction. (3) Where the Director makes a decision under subsection (1), (a) on the application of an interested person; or (b) after notifying the interested persons, a copy of the decision shall be sent by first class mail or delivered by the Director to the applicant and the persons who received the notice. Appeals (4) Subsections 7 (2), (3) and (4) apply to a decision of the Director made under subsection (1). Registration of amendment (5) An amendment to a certificate of title shall be registered by the Director in the land registry office for the registry division in which the land is situate. Effect of registration Claim against fund s. IS, amended (6) Upon registration under subsection (5), an amendment to a certificate of title takes effect in accordance with the terms set out in the amendment and is conclusive that every notice, publica- tion, proceeding and act that ought to have been made, given or done has been made, given or done in accordance with this Act. (7) A person injuriously affected by an amendrnent to a cer- tificate of registration is entitled to recover what is just by way of compensation out of the assurance fund under section 13, as if he were a prerson wrongfully deprived of an interest in land. 1 O. Section 15 of the said Act is amended by adding thereto the fol- lowing clause: {aa) designating persons or classes of persons to whom notice of a hearing under subsection 9b (3) shall be given and specifying the manner in which notice may be given. Commence- 1 1. — (1) This Act, except sections 1, 7 and 8, comes into force on the day it receives Royal Assent. Idem (2) Sections 1, 7 and 8 shall be deemed to have come into force on the 1st day of March, 1982. Short title 1 2. The short title of this Act is the Certification of Titles Amendment Act, 1982. 3 3 5' O I— o o ►-< 3 O 00 a, c INJ 3 s rD Pi, ho >3 «j p" © S- H- ' s" o Orq 00 >3 0^ n 1-1 > 3 5i n' > W n O ^-^ 3 O O W i-n 3 H 3 ^ O- re c/i ?■ > CD BILL 121 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Workmen's Compensation Act Mr. Haggerty TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to broaden the criteria used by the Workmen's Compensation Board in assessing the impairment of earning capacity resulting from an injury that causes permanent disability. The Act currently states that the impairment of earning capacity shall be estimated from the nature and degree of the injury. The Board is authorized under the Act to compile a rating schedule of percentages of impairment of earning capacity for specified injuries that may be used as a guide in determining the compensation payable in permanent dis- ability cases. The Bill repeals the provision that authorizes the Board to compile a rating schedule and directs the Board to estimate the impairment of earning capacity in light of all the circumstances of each individual case. BILL 121 1982 An Act to amend the Workmen's Compensation Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) Subsection 43 (1) of the Workmen's Compensation Act, being ^ '*^ (i)- chapter 539 of the Revised Statutes of Ontario, 1980 is repealed and the following substituted therefor: (1) Where permanent disability results from the injury, thePfrmanent impairment of earning capacity of the employee shall be esti- '^^ " ^ mated in light of all the circumstances of the particular case, and the compensation shall be a weekly or other periodical payment during the lifetime of the employee, or such other period as the Board may fix, of a sum proportionate to such impairment not exceeding in any case the like proportion of 75 per cent of his average weekly earnings during the twelve months immediately preceding the accident or such lesser period as he has been employed. (la) In considering the circumstances of the case, the Board ^°"^''*^''*''°"^ shall have particular regard to, (a) the extent of the physical disability; (b) the age of the employee; (c) the level of skills and education achieved by the employee; (d) the language spoken by the employee; (e) any emotional problems suffered by the employee as a result of the injury; (/) the state of the employment market, both generally and in the local community in which the employee resides; (g) the potential for the employee to rehabilitate himself through vocational rehabilitation; s. 43 (3), repealed s. 43 (S), repealed Commence- ment Short title (h) any other factor that is relevant to determining the employee's ability to earn income after the accident in comparison with the employee's ability to earn income before the accident. (2) Subsection 43 (3) of the said Act is repealed. (3) Subsection 43 (5) of the said Act is repealed. 2. This Act comes into force on the day it receives Royal Assent. 3. The short title of this Act is the Workmen's Compensation Amend- ment Act, 1982. ^3 s. <2 s w «> ^ K «i > § o 3 o >3 R- a. «4. ocj h- ' oo 3 > 3 ftl 3^ > Cfl" n c-h n ^-^ o O 3 P &3 3 3 r* o D- 3 fD BILL 122 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to provide for Glass Actions Mr. Swart TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of this Bill is to provide a statutory procedure whereby one or more persons may sue a defendant in the form of a class action. The Bill is designed to achieve this purpose by permitting a person who wishes to sue on behalf of a class to apply for a court order authorizing the class action. Once the order is obtained, the action proceeds as a class action, and the final judgment binds all members of the class, except those who have been excluded, as well as the parties to the action. BILL 122 1982 An Act to provide for Glass Actions HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In this Act, "Court" means the Supreme Court of interpre- .^ , . tation Ontario. 2. — (1) Where a person has a cause of action involving Class questions of law or fact that are common to a class of persons, he may commence the action as representative party on behalf of the class. (2) An action under subsection (1) shall not be main- Order tained as a class action unless the person or persons "^^^"""^ suing as representative party has obtained an order of the Court permitting the action to proceed as a class action. 3. — (1) A representative party may apply to the Court Where order for an order referred to in section 2, and the Court may granted make the order where it is satisfied that, (a) the claims of the representative party are typical of the claims of the class; (6) the questions of law or fact common to the members of the class predominate over any ques- tions affecting only individual members; (c) a class action is superior to other available methods for the fair and efficient adjudication of the con- troversy; and id) the representative party is acting in good faith and it is prima facie in the interests of the class that the action be maintained as a class action. (2) The Court shall not refuse to make an order under where order this section on the ground only that, denied Content of order (a) the relief claimed in the action includes a claim for damages; (b) the relief claimed in the action arises out of. or relates to separate contracts or transactions made with or entered into between members of the class and the defendant; or (c) any damages claimed for members of the class will require individual action. (3) An order under subsection (1) shall, (a) define the class on whose behalf the claim is brought; (b) describe briefly the nature of the claim made and of the relief sought; (c) state the questions of law or fact that are common to the class; and (d) specify a date before which members of the class may exclude themselves from the class. Variation of order (4) An order made under this section may be varied from time to time or rescinded by the Court if it thinks it fit and just to do so before judgment in the action. Notice of class action 4. — (1) Where an order is made under section 3, the Court may direct that notice in manner and form satis- factory to the Court be given to the members of the class or any of them advising them of the proceedings and of the date before which members of the class may exclude themselves from the class. Statement of desire for exclu- sion from the class Judgment (2) Where a person has notice that he is a member of a class on behalf of which a representative party is suing he shall be excluded from the class by filing with the Court a statement of his desire to be excluded, in writing signed by him prior to the date specified in the order under section 3, and may be excluded, in the discretion of the Court, where the statement is filed subsequent to the date specified in the order and prior to judgment. 5. — (1) The judgment in a class action constitutes a final judgment between each member of the class who was not excluded under section 4 and each person against whom the class action was taken in respect of those matters set out in the order under section 3. (2) Notwithstanding anything in subsection (1), the Court Wem may provide in the judgment for subsequent determination of the amount of compensation for loss or damage suffered by members of the class or any other issues. 6. An action maintained as a class action shall not be discon- Discontinu- tinued, settled or dismissed for want of prosecution without the ment, etc. approval of the Court, and, if the Court determines that the interests of the class may be substantially affected by such dis- continuance, settlement or dismissal, the Court may direct that notice in manner, form and content satisfactory to the Court shall be given. 7. This Act comes into force on the day it receives Royal Commence- ment ssent. 8. The short title of this Act is the Class Actions Act, 1982. Short title > 3 ^3 (DO > w &3 1— ' t/5 >3 -- S- H-i s' o rs^ 0^5 n BILL 123 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Assessment Act Mr. Philip TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to exempt home improvements from assessment under the Assessment Act if the improvements do not enlarge the living space of the home and if the cost of materials for the improvements does not exceed $10,000. BILL 123 1982 An Act to amend the Assessment Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 3 of the Assessment Act, being chapter 31 of the Revised ^ 3, Statutes of Ontario, 1980, is amended by adding thereto the fol- lowing paragraph: 22. Improvements made to residential premises by an Residential , . , i- . . . improvements owner, tor the period ot time that the owner owns the premises, if the improvements do not enlarge the living space and the cost of materials for the improvements does not exceed $10,000. 2. This Act comes into force on the day it receives Royal Assent. Commence- ■^ -^ ment 3. The short title of this Act is the Assessment Amendment Act, 1982. Short title tn ^ '^ ^. C5 ^ ^ w «) hd s a O" <^ r ;^ ►3 Pi- >2 ^ 0=1 &3 Co ■^ to t/1 >3 "* a. > 3 BILL 124 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to establish Technology Centres The Hon. G. W. Walker Minister of Industry and Trade TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill provides for the creation of technology centres whose mandate is to promote and enhance the application of technology in order to improve the productivity and competitiveness of Ontario industry and commerce. BILL 124 1982 An Act to establish Technology Centres HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, interpre- tation (a) "Board" means the Board of Directors of a Centre; (b) "Centre" means a corporation established under section 3; (c) "industrial property" means a patent of invention, copyright, industrial desigA or other intellectual or industrial property right, whether existing within or outside Ontario, and includes an application and a right to make an application for industrial property; id) "Minister" means the Minister of Industry and Trade or such other member of the Executive Council as the Lieutenant Governor in Council designates to administer this Act. 2. The Corporations Act does not apply to a Centre. R.s.o. i98o, does not apply 3. — (1) The Lieutenant Governor in Council may make Creation of 1 ,. Centres regulations, (a) establishing corporations without share capital as Centres; (b) subject to this Act, providing for the constitutions, management and operation of Centres; (c) specifying the industrial, commercial or technological sector or sectors in which a Centre shall pursue its object; id) governing transfers of the assets, rights, obligations and liabilities of Centres to Her Majesty in right of Ontario or to an agency of the Crown; (e) requiring the approval of the Lieutenant Governor in Council to the exercise of any or all of the powers of any Centre; (/) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act, or to implement the object of Centres. Sunset provisions (2) Where the Lieutenant Governor in Council establishes a Centre under clause (1) (a), the Lieutenant Governor in Council shall prescribe its operational period. Idem (3) The Lieutenant Governor in Council may by regulation extend the operational period of a Centre from time to time. Winding up (4) A Centre shall be wound up at the expiry of its operational period or extended operational period, as the case may be, apd in winding up the assets of the Centre shall be, (a) liquidated or sold as a going concern and the proceeds paid into the Consolidated Revenue Fund; or ib) transferred to Her Majesty in right of Ontario or to an agency of the Crown, as the Minister may direct. Board of Directors 4. — (1) A Centre shall have a Board of Directors consisting of not fewer than five and not more than fifteen members who shall be appointed by the Lieutenant Governor in Council for a term of not more than three years. Idem (2) The Lieutenant Governor in Council shall designate one of the directors as Chairman of the Board. Remuneration (3) A Centre may pay those of its directors who are not officers in the public service of Ontario such remuneration and expense allowance as is fixed from time to time by the Lieutenant Gover- nor in Council. Members not disqualified R.S.O. 1980, c. 235 (4) Despite the Legislative Assembly Act, a member of the Assembly who is appointed a director of a Centre is not thereby rendered ineligible as a member of the Assembly or disqualified from sitting or voting in the Assembly. (5) Where a vacancy occurs on the Board, the Lieutenant Vacancies Governor in Council may appoint a person to serve the remain- der of the term. 5. — (1) The Chairman shall preside at all meetings of a Board Chairman and, in the Chairman's absence or if the office of Chairman is vacant, a director present at the meeting who is chosen to act by the directors present at the meeting has all the powers and duties of the Chairman. (2) A Board may make by-laws regulating its proceedings By-iaws and generally for the conduct and management of the affairs of the Centre. (3) A by-law or resolution in writing signed by all the directors Wem of a Centre is as valid as if it had been passed at a meeting of the Board. 6. Upon consultation with a Board, the Minister shall Chief executive appoint a chief executive officer of the Centre who shall have officer such powers and duties as the Minister and the Board prescribe from time to time. 7. The affairs of a Centre shall be managed and supervised Duties of by its Board, in accordance with the policies of the Government of Ontario relating to technology and innovation, but the Board shall comply with any directions given to it from time to time in writing by the Lieutenant Governor in Council or the Minister. 8. A Centre shall indemnify a director or officer of the indemnifi- Centre, a former director or officer of the Centre, and such per- directors and son's heirs and legal representatives, against any liability arising oncers from the person's performance of his or her duties if the person acted honestly and in good faith with a view to the best interests of the Centre. 9. — (1) The object of each Centre is to promote and enhance Object the application of technology in order to improve the produc- tivity and competitiveness of Ontario industry and commerce. (2) A Centre, for the object set out in subsection (1), may, Powers (a) adapt and demonstrate technology applicable to indus- try and commerce; (b) disseminate and encourage the dissemination of techni- cal and market information; (c) acquire, develop and deal with industrial property, licences, inventions, processes and the royalties and benefits that arise therefrom; id) advise the Minister on issues related to the application of technology and the granting of assistance to promote the application of technology; (e) buy, hold, own, hire, maintain, control, take, lease, sell, assign, exchange, transfer, manage, improve, develop or otherwise deal in and dispose of, either absolutely or by way of security or otherwise, any prop- erty real and personal and any right or privilege that, in the opinion of the Board, is necessary or convenient for the purposes of the Centre; (/) draw, make, accept, endorse, discount, execute and issue bills of exchange, promissory notes, bills of lading and other negotiable or transferable instruments; (g) temporarily invest any surplus moneys not immediately required for the object of the Centre in, (i) securities issued by or guaranteed as to principal and interest by the Province of Ontario, any other province of Canada, or Canada, (ii) guaranteed investment certificates of any trust company that is register Trust Corporations Act, R.s.o. 1980, company that is registered under the Loan and (iii) deposit receipts, deposit notes, certificates of deposits, acceptances and other similar instru- ments issued or endorsed by a bank named in 1980-81, Schedule A or B to the Bank Act (Canada), and c. 40 (Can.) " (iv) term deposits accepted by a credit union as R.so. 1980, defined in the Credit Unions and Caisses C. 102 r, 1 ■ A Populaires Act; (h) contract and sue and be sued in its own name; (i) carry on its affairs or identify itself to the public under a name and style other than its corporate name; (j") enter into partnership or into any arrangement for pro- fit sharing, union of interest, co-operation, joint ven- ture, reciprocal concession or any similar arrangement with any person carrying on or engaged in any business or transaction that the Centre is authorized to carry on or engage in or that is capable of being carried on or engaged in so as to further the object of the Centre; {k) do anything incidental or conducive to the attainment of the object of the Centre, whether similar in nature to the powers enumerated in clauses (a) to (j) or other- wise. 10. — (1) No act of a Centre, including any transfer of prop- i^Jghts erty to or by a Centre, is invalid by reason only that the act is not authorized by this Act. (2) No person is affected by or is deemed to have notice of the No deemed contents of a document concerning a Centre by reason only that the document is available to the public. (3) A Centre or a guarantor of an obligation of a Centre may indoor not assert against a person dealing with the Centre or with a 7^T^^ person who has acquired rights from the Centre that, (a) this Act, an order in council, a direction of the Lieuten- ant Governor in Council or the Minister, the policies of the Government of Ontario, or the by-laws of the Centre have not been complied with; ib) a person held out by a Centre as a director, an officer or an agent of a Centre has not been duly appointed or has no authority to exercise the powers and perform the duties that are the customary business of the Centre or usual for such director, officer or agent; (c) a document issued by any director, officer or agent of a Centre with actual or usual authority to issue the document is not valid or not genuine, except where the person has or ought to have, by virtue of a position with or relationship to the Centre, knowledge to that effect. 1 1 . — (1) A Centre may engage such persons as are considered staff necessary from time to time for the proper conduct of the affairs of the Centre. (2) A Centre may make use of such services and facilities. Use of including the services of a public servant on secondment, as are facilities provided to it by a ministry, board, commission or agency of the Government of Ontario. 12. — (1) A Centre shall have a seal, which shall be adopted Seal by a resolution or by-law of the Board. (2) The fiscal year of a Centre begins on the 1st day of April in F'scai ch year. each year and ends on the 31st day of March in the following ^^^"^ Annual report 13. — (1) A Centre shall, after the close of each fiscal year, deliver to the Minister an annual report upon the affairs of the Centre signed by the chairman of the Board and one other director, and the Minister shall submit the report to the Lieuten- ant Governor in Council. Additional reports Contents of annual report (2) In addition to making an annual report under subsection (1), a Centre shall promptly upon request deliver to the Minister such other reports on its affairs as the Minister from time to time may require. (3) At least in every second annual report made under subsec- tion (1), a Centre shall report to the Minister on whether or not it should continue in existence. Idem (4) Subject to subsection 3 (2), where a Centre reports under subsection (3) that it should not continue in existence, it shall also recommend the most expeditious means by which its business and affairs may be terminated. Audit 14. The accounts and financial transactions of a Centre shall be audited annually by the Provincial Auditor, and reports of the audit shall be made to the Centre and to the Minister. Crown agency 15. A Centre is a Crown agency within the meaning of the R.s^o. 1980, Cyg^^ Agency Act. Commence- ment 16. This Act comes into force on the day it receives Royal Assent. Short title 1 7. The short title of this Act is the Technology Centres Act, 1982. ta 5' H a M CD <-t ffi o o *-h ;z; 1— I 3 a P c 1^ v; 3 ^ a > H w i-< M &3 w a. a. ore, &3 cr c> Cl fr». I— » s o OC, > a 3 o' n n 3 BILL 124 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to establish Technology Centres The Hon. G. W. Walker Minister of Industry and Trade (Reprinted as amended by the Committee of the Whole House) TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill provides for the creation of technology centres whose mandate is to promote and enhance the application of technology in order to improve the productivity and competitiveness of Ontario industry and commerce. BILL 124 1982 An Act to establish Technology Centres HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, Interpre tation (a) "Board" means the Board of Directors of a Centre; (b) "Centre" means a corporation established under section 3; (c) "industrial property" means a patent of invention, copyright, industrial desigfi or other intellectual or industrial property right, whether existing within or outside Ontario, and includes an application and a right to make an application for industrial property; (d) "Minister" means the Minister of Industry and Trade or such other member of the Executive Council as the Lieutenant Governor in Council designates to administer this Act. 2. The Corporations Act does not apply to a Centre. R.s.o. i98o, does not apply 3. — (1) The Lieutenant Governor in Council may make Creation of , . Centres regulations, (a) establishing corporations without share capital as Centres; ib) subject to this Act, providing for the constitutions, management and operation of Centres; (c) specifying the industrial, commercial or technological sector or sectors in which a Centre shall pursue its object; id) governing transfers of the assets, rights, obligations and liabihties of Centres to Her Majesty in right of Ontario or to an agency of the Crown; ie) requiring the approval of the Lieutenant Governor in Council to the exercise of any or all of the powers of any Centre; (/) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act, or to implement the object of Centres. Sunset provisions (2) Where the Lieutenant Governor in Council establishes a Centre under clause (1) (a), the Lieutenant Governor in Council shall prescribe its operational period. Idem (3) The Lieutenant Governor in Council may by regulation extend the operational period of a Centre from time to time. Winding up (4) A Centre shall be wound up at the expiry of its operational period or extended operational period, as the case may be, apd in winding up the assets of the Centre shall be, (a) liquidated or sold as a going concern and the proceeds paid into the Consolidated Revenue Fund; or (b) transferred to Her Majesty in right of Ontario or to an agency of the Crown, as the Minister may direct. Board of Directors 4. — (1) A Centre shall have a Board of Directors consisting of not fewer than five and not more than fifteen members who shall be appointed by the Lieutenant Governor in Council for a term of not more than three years. Idem (2) The Lieutenant Governor in Council shall designate one of the directors as Chairman of the Board. Remuneration (3) A Centre may pay those of its directors who are not officers in the public service of Ontario such remuneration and expense allowance as is fixed from time to time by the Lieutenant Gover- nor in Council. Members not disqualified R.S.O. 1980, c. 235 (4) Despite the Legislative Assembly Act, a member of the Assembly who is appointed a director of a Centre is not thereby rendered ineligible as a member of the Assembly or disqualified from sitting or voting in the Assembly. (5) Where a vacancy occurs on the Board, the Lieutenant Vacancies Governor in Council may appoint a person to serve the remain- der of the term. 5. — (1) The Chairman shall preside at all meetings of a Board Chairman and, in the Chairman's absence or if the office of Chairman is vacant, a director present at the meeting who is chosen to act by the directors present at the meeting has all the powers and duties of the Chairman. (2) A Board may make by-laws regulating its proceedings By-laws and generally for the conduct and management of the affairs of the Centre. (3) A by-law or resolution in writing signed by all the directors ^dem of a Centre is as valid as if it had been passed at a meeting of the Board. 6. Upon consultation with a Board, the Minister shall Chief appoint a chief executive officer of the Centre who shall have officer ^ such powers and duties as the Minister and the Board prescribe from time to time. 7. The affairs of a Centre shall be managed and supervised OuUes of by its Board, in accordance with the policies of the Government of Ontario relating to technology and innovation, but the Board shall comply with any directions given to it from time to time in writing by the Lieutenant Governor in Council or the Minister. 8. A Centre shall indemnify a director or officer of the indemnifi- Centre, a former director or officer of the Centre, and such per- directors and son's heirs and legal representatives, against any liability arising officers from the person's performance of his or her duties if the person acted honestly and in good faith with a view to the best interests of the Centre. 9. — (1) The object of each Centre is to promote and enhance Object the application of technology in order to improve the produc- tivity and competitiveness of Ontario industry and commerce. (2) A Centre, for the object set out in subsection (1), may. Powers (a) adapt and demonstrate technology applicable to indus- try and commerce; (b) disseminate and encourage the dissemination of techni- cal and market information; (c) acquire, develop and deal with industrial property, licences, inventions, processes and the royalties and benefits that arise therefrom; id) advise the Minister on issues related to the application of technology and the granting of assistance to promote the application of technology; ie) buy, hold, own, hire, maintain, control, take, lease, sell, assign, exchange, transfer, manage, improve, develop or otherwise deal in and dispose of, either absolutely or by way of security or otherwise, any prop- erty real and personal and any right or privilege that, in the opinion of the Board, is necessary or convenient for the purposes of the Centre; (/) draw, make, accept, endorse, discount, execute and issue bills of exchange, promissory notes, bills of lading and other negotiable or transferable instruments; (g) temporarily invest any surplus moneys not immediately required for the object of the Centre in, (i) securities issued by or guaranteed as to principal and interest by the Province of Ontario, any other province of Canada, or Canada, (ii) guaranteed investment certificates of any trust R.s^o. 1980, company that is registered under the Loan and Trust Corporations Act, (iii) deposit receipts, deposit notes, certificates of deposits, acceptances and other similar instru- ments issued or endorsed by a bank named in 1980-81' , Schedule A or B to the Bank Act (Canada), and c. 40 (Can.) ^ ^' (iv) term deposits accepted by a credit union as R.s^o. 1980, defined in the Credit Unions and Caisses C. 102 r, 1 • A ropulaires Act; (h) contract and sue and be sued in its own name; (i) carry on its affairs or identify itself to the public under a name and style other than its corporate name; (J) enter into partnership or into any arrangement for pro- fit sharing, union of interest, co-operation, joint ven- ture, reciprocal concession or any similar arrangement with any person carrying on or engaged in any business or transaction that the Centre is authorized to carry on or engage in or that is capable of being carried on or engaged in so as to further the object of the Centre; {k) do anything incidental or conducive to the attainment of the object of the Centre, whether similar in nature to the powers enumerated in clauses (a) to {j) or other- wise. 10. — (1) No act of a Centre, including any transfer of prop- i^'ghts T preserved erty to or by a Centre, is invalid by reason only that the act is not authorized by this Act. (2) No person is affected by or is deemed to have notice of the No deemed contents of a document concerning a Centre by reason only that the document is available to the public. (3) A Centre or a guarantor of an obligation of a Centre may indoor 1 !• • ^ ^ /-^ • 1 management not assert agamst a person deahng with the Centre or with a rule person who has acquired rights from the Centre that, {a) this Act, an order in council, a direction of the Lieuten- ant Governor in Council or the Minister, the policies of the Government of Ontario, or the by-laws of the Centre have not been complied with; {b) a person held out by a Centre as a director, an officer or an agent of a Centre has not been duly appointed or has no authority to exercise the powers and perform the duties that are the customary business of the Centre or usual for such director, officer or agent; (c) a document issued by any director, officer or agent of a Centre with actual or usual authority to issue the document is not valid or not genuine, except where the person has or ought to have, by virtue of a position with or relationship to the Centre, knowledge to that effect. 1 1 . — (1) A Centre may engage such persons as are considered staff necessary from time to time for the proper conduct of the affairs of the Centre. (2) A Centre may make use of such services and facilities, Use of , ,. , . - , ,. , Government including the services oi a public servant on secondment, as are facilities provided to it by a ministry, board, commission or agency of the Government of Ontario. 12. — (1) A Centre shall have a seal, which shall be adopted Seai by a resolution or by-law of the Board. (2) The fiscal year of a Centre begins on the 1st day of April in Fiscal ch year. each year and ends on the 31st day of March in the following Annual report 13. — (1) A Centre shall, after the close of each fiscal year, deliver to the Minister an annual report upon the affairs of the Centre signed by the chairman of the Board and one other director, and the Minister shall submit the report to the Lieuten- ant Governor in Council. Additional reports (2) In addition to making an annual report under subsection (1), a Centre shall promptly upon request deliver to the Minister such other reports on its affairs as the Minister from time to time may require. Contents of annual report (3) At least in every second annual report made under subsec- tion (1), a Centre shall report to the Minister on whether or not it should continue in existence. Idem (4) Subject to subsection 3 (2), where a Centre reports under subsection (3) that it should not continue in existence, it shall also recommend the most expeditious means by which its business and affairs may be terminated. Annual report 14. The Minister shall, after the close of each fiscal year, submit to the Lieutenant Governor in Council an annual report upon the affairs of the Centres, which shall include their audited financial statements, and shall then lay the report before the Assembly if it is in session or, if not, at the next ensuing session. Audit 1 5. The accounts and financial transactions of a Centre shall be audited annually, and reports of the audit shall be made to the Centre and to the Minister. Crown agency 16. A Centre is a Crown agency within the meaning of the R.s^o. 1980, Crown Agency Act. Commence- ment 17. This Act comes into force on the day it receives Royal Assent. Short title 18. The short title of this Act is the Tgc/^no/ogy Ce«^rg5 /I c^, 1982. >3 ^ G. s- ?5, o c^ ^ ?i. ti: O Vi o to C^ c^ O Ci 5-H n 3 >3 o r-h >3 >0 0^5 no 0^ 00 0r<5 > 3 cr H O 3- 3 v: O n 3 BILL 124 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to establish Technology Centres The Hon. G. W. Walker Minister of Industry and Trade TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 124 1982 An Act to establish Technology Centres HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, interpre- tation (a) "Board" means the Board of Directors of a Centre; (b) "Centre" means a corporation established under section 3; (c) "industrial property" means a patent of invention, copyright, industrial desigh or other intellectual or industrial property right, whether existing within or outside Ontario, and includes an application and a right to make an application for industrial property; id) "Minister" means the Minister of Industry and Trade or such other member of the Executive Council as the Lieutenant Governor in Council designates to administer this Act. 2. The Corporations Act does not apply to a Centre. R.s.o. i980, does not apply 3. — (1) The Lieutenant Governor in Council may make Creation of , , . Centres regulations, (a) establishing corporations without share capital as Centres; (b) subject to this Act, providing for the constitutions, management and operation of Centres; (c) specifying the industrial, commercial or technological sector or sectors in which a Centre shall pursue its object; id) governing transfers of the assets, rights, obhgations and liabilities of Centres to Her Majesty in right of Ontario or to an agency of the Crown; (e) requiring the approval of the Lieutenant Governor in Council to the exercise of any or all of the powers of any Centre; (/) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act, or to implement the object of Centres. Sunset provisions (2) Where the Lieutenant Governor in Council estabhshes a Centre under clause (1) (a), the Lieutenant Governor in Council shall prescribe its operational period. Idem (3) The Lieutenant Governor in Council may by regulation extend the operational period of a Centre from time to time. Winding up (4) A Centre shall be wound up at the expiry of its operational period or extended operational period, as the case may be, apd in winding up the assets of the Centre shall be, (a) liquidated or sold as a going concern and the proceeds paid into the Consolidated Revenue Fund; or ib) transferred to Her Majesty in right of Ontario or to an agency of the Crown, as the Minister may direct. Board of Directors 4. — (1) A Centre shall have a Board of Directors consisting of not fewer than five and not more than fifteen members who shall be appointed by the Lieutenant Governor in Council for a term of not more than three years. Idem (2) The Lieutenant Governor in Council shall designate one of the directors as Chairman of the Board. Remuneration (3) A Centre may pay those of its directors who are not officers in the public service of Ontario such remuneration and expense allowance as is fixed from time to time by the Lieutenant Gover- nor in Council. (4) Despite the Legislative Assembly Act, a member of the Members not R s o 1980 Assembly who is appointed a director of a Centre is not thereby c. 235 rendered ineligible as a member of the Assembly or disqualified from sitting or voting in the Assembly. (5) Where a vacancy occurs on the Board, the Lieutenant Vacancies Governor in Council may appoint a person to serve the remain- der of the term. 5. — (1) The Chairman shall preside at all meetings of a Board Chairman and, in the Chairman's absence or if the office of Chairman is vacant, a director present at the meeting who is chosen to act by the directors present at the meeting has all the powers and duties of the Chairman. (2) A Board may make by-laws regulating its proceedings By-laws and generally for the conduct and management of the affairs of the Centre. (3) A by-law or resolution in writing signed by all the directors Wem of a Centre is as valid as if it had been passed at a meeting of the Board. 6. Upon consultation with a Board, the Minister shall Chief executive appoint a chief executive officer of the Centre who shall have officer such powers and duties as the Minister and the Board prescribe from time to time. 7. The affairs of a Centre shall be managed and supervised Duties of by its Board, in accordance with the policies of the Government of Ontario relating to technology and innovation, but the Board shall comply with any directions given to it from time to time in writing by the Lieutenant Governor in Council or the Minister. 8. A Centre shall indemnify a director or officer of the indemnifi- Centre, a former director or officer of the Centre, and such per- directors and son's heirs and legal representatives, against any liability arising o^'cers from the person's performance of his or her duties if the person acted honestly and in good faith with a view to the best interests of the Centre. 9. — (1) The object of each Centre is to promote and enhance Object the application of technology in order to improve the produc- tivity and competitiveness of Ontario industry and commerce. (2) A Centre, for the object set out in subsection (1), may. Powers (a) adapt and demonstrate technology applicable to indus- try and commerce; (b) disseminate and encourage the dissemination of techni- cal and market information; (c) acquire, develop and deal with industrial property, licences, inventions, processes and the royalties and benefits that arise therefrom; id) advise the Minister on issues related to the application of technology and the granting of assistance to promote the application of technology; (e) buy, hold, own, hire, maintain, control, take, lease, sell, assign, exchange, transfer, manage, improve, develop or otherwise deal in and dispose of, either absolutely or by way of security or otherwise, any prop- erty real and personal and any right or privilege that, in the opinion of the Board, is necessary or convenient for the purposes of the Centre; (/) draw, make, accept, endorse, discount, execute and issue bills of exchange, promissory notes, bills of lading and other negotiable or transferable instruments; (g) temporarily invest any surplus moneys not immediately required for the object of the Centre in, (i) securities issued by or guaranteed as to principal and interest by the Province of Ontario, any other province of Canada, or Canada, (ii) guaranteed investment certificates of any trust R.s.o. 1980, company that is registered under the Loan and Trust Corporations Act, (iii) deposit receipts, deposit notes, certificates of deposits, acceptances and other similar instru- ments issued or endorsed by a bank named in 1980-81, Schedule A or B to the Bank Act (Canada), and c. 40 (Can.) (iv) term deposits accepted by a credit union as R.s.o. 1980, defined in the Credit Unions and Caisses Populaires Act; (h) contract and sue and be sued in its own name; (i) carry on its affairs or identify itself to the public under a name and style other than its corporate name; (;"■) enter into partnership or into any arrangement for pro- fit sharing, union of interest, co-operation, joint ven- ture, reciprocal concession or any similar arrangement with any person carrying on or engaged in any business or transaction that the Centre is authorized to carry on or engage in or that is capable of being carried on or engaged in so as to further the object of the Centre; (k) do anything incidental or conducive to the attainment of the object of the Centre, whether similar in nature to the powers enumerated in clauses (a) to (J) or other- wise. 10. — (1) No act of a Centre, including any transfer of prop- R'ghts preserved erty to or by a Centre, is invalid by reason only that the act is not authorized by this Act. (2) No person is affected by or is deemed to have notice of the No deemed contents of a document concerning a Centre by reason only that the document is available to the public. (3) A Centre or a guarantor of an obligation of a Centre may indoor not assert against a person dealing with the Centre or with a rule person who has acquired rights from the Centre that, (a) this Act, an order in council, a direction of the Lieuten- ant Governor in Council or the Minister, the policies of the Government of Ontario, or the by-laws of the Centre have not been complied with; (b) a person held out by a Centre as a director, an officer or an agent of a Centre has not been duly appointed or has no authority to exercise the powers and perform the duties that are the customary business of the Centre or usual for such director, officer or agent; (c) a document issued by any director, officer or agent of a Centre with actual or usual authority to issue the document is not valid or not genuine, except where the person has or ought to have, by virtue of a position with or relationship to the Centre, knowledge to that effect. 1 1 . — (1) A Centre may engage such persons as are considered staff necessary from time to time for the proper conduct of the affairs of the Centre. (2) A Centre may make use of such services and facilities, ^se of including the services of a public servant on secondment, as are facilities provided to it by a ministry, board, commission or agency of the Government of Ontario. 12. — (1) A Centre shall have a seal, which shall be adopted Seal by a resolution or by-law of the Board. (2) The fiscal year of a Centre begins on the 1st day of April in F'scai ch year. each year and ends on the 31st day of March in the following 6 Annual report 13. — (1) A Centre shall, after the close of each fiscal year, deliver to the Minister an annual report upon the affairs of the Centre signed by the chairman of the Board and one other director, and the Minister shall submit the report to the Lieuten- ant Governor in Council. Additional reports (2) In addition to making an annual report under subsection (1), a Centre shall promptly upon request deliver to the Minister such other reports on its affairs as the Minister from time to time may require. Contents of annual report (3) At least in every second annual report made under subsec- tion (1), a Centre shall report to the Minister on whether or not it should continue in existence. Idem (4) Subject to subsection 3 (2), where a Centre reports under subsection (3) that it should not continue in existence, it shall also recommend the most expeditious means by which its business and affairs may be terminated. Annual report 14. The Minister shall, after the close of each fiscal year, submit to the Lieutenant Governor in Council an annual report upon the affairs of the Centres, which shall include their audited financial statements, and shall then lay the report before the Assembly if it is in session or, if not, at the next ensuing session. Audit 15. The accounts and financial transactions of a Centre shall be audited annually, and reports of the audit shall be made to the Centre and to the Minister. Crown agency 16. A Centre is a Crown agency within the meaning of the f'to^' ^^^°' Crown Agency Act. Commence- ment 17. This Act comes into force on the day it receives Royal Assent. Short title 1 8. The short title of this Act is the Technology Centres Act, 1982. 5' H EC C/5 w n i-< ffl o o i-h z h- 1 3 a p c in ^ v: w 3 ^ CL > H w i-< M w » CL On 1— ' >3 o >3 00 0^ 00 0r<3 1— ' 00 > 3 »3 3 BILL 125 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Children's Law Reform Act The Hon. R. McMurtry Attorney General TORONTO Printed by Alan Gordon, Queen's Printer for Ontario TABLE OF CONTENTS PART III— CUSTODY, ACCESS AND GUARDIANSHIP Interpretation Sec. Page Interpretation for Part III 18 1 Purposes of Part 19 2 Custody and Access Custody of Children — Termination on marriage of minor 20 2 Application for custody, access or incidents thereof 21 3 Jurisdiction — Habitual residence; forum conveniens .... 22 3 Jurisdiction — Serious harm to child 23 4 Best interests of the child 24 4 Declining jurisdiction 25 5 Effect of delay 26 5 Effect where divorce proceedings 27 6 Custody and Access — Orders Types of orders 28 6 Variation of orders 29 6 Custody and Access — Assistance to Court Assessment of needs of child 30 6 Mediation 31 7 Official Guardian's report i2 8 Evidence from outside Ontario 33 8 Requests from an extra-provincial tribunal 34 9 Custody and Access — Enforcement Sec. Page Supervision of custody or access 35 9 Order restraining harassment 36 9 Order where child unlawfully withheld 37 9 Order where child to be removed from Ontario 38 11 Contempt of orders of Provincial Court (family division) .39 12 Access to records — address 40 12 Custody and Access — Extra-Provincial Matters Powers of court — child not habitually resident in Ontario 41 13 Recognition of foreign orders 42 13 Superseding extra-provincial order where material change in circumstances 43 14 Superseding extra-provincial order where child will suffer serious harm 44 15 Certified copy of extra-provincial order prima facie evidence 45 15 Court may take notice of foreign law 46 15 Convention on Civil Aspects of International Child Abduction 47 15 Guardianship Appointment of guardian 48 25 Parents and others as guardians 49 25 Criteria for appointment 50 26 Effect of appointment 51 26 Payment of debt owed to child 52 26 Duty of guardian to account 53 27 Transfer of property to child 54 27 Guardianship — Continued Sec. Page Management fees and expenses of guardian 55 27 Posting of bond by guardian 56 27 Termination of guardianship upon marriage 57 27 Removal of guardian 58 27 Notice to surrogate clerk 59 27 Guardianship — Disposition of Property Orders re property of child 60 27 Order for maintenance where power of appointment .... 61 28 Testamentary Custody and Guardianship Custody, guardian, appointment by will 62 29 Procedure and General Provisions — Custody, Access and Guardianship Proceedings generally — parties 63 30 Capacity of minors 64 30 Child entitled to be heard 65 31 Child sixteen or more: common law preserved 66 31 All proceedings in one court 67 31 Closed hearings 68 31 Consent orders 69 31 Effect of domestic contract 70 31 Parens patriae jurisdiction preserved 71 31 Jurisdiction of surrogate court 72 2>2 Variation of order made under the Minors Act 73 32 Place where application to be made 74 i2 Procedure and General Provisions — Custody, Sec. Page Access and Guardianship — Continued Interim orders 75 32 Appeal from Provincial Court (family division) 76 32 Orders effective pending appeal 77 32 Rule of construction — Acts or documents 78 32 Application of Part to orders made under Acts or parts thereof repealed 79 32 Complementary Amendments Amendments to the Education Act 2 33 Amendments to the Family Law Reform Act 3 33 Repeal of the Minors Act 4 33 Amendment to the Unified Family Court Act 5 34 Explanatory Note The Bill adds Part III to the Act. This new Part deals with custod>- of and access to children. The Part also deals with guardianship of property of children and incorporates the Convention on the Civil Aspects of International Child Abduction. BILL 125 1982 An Act to amend the Children's Law Reform Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The Children's Law Reform Act, being chapter 68 of the Revised •'^ft. Statutes of Ontario, 1980, is amended by adding thereto the fol- ^'"'"" lowing Part: PART III Custody, Access and Guardianship interpretation 18. (1) In this Part, interpre- tation (a) "court" means a provincial court (family division), the Unified Family Court, a county or district court, the Supreme Court or a surrogate court exercising jurisdic- tion under section 72; (b) "extra-provincial order" means an order, or that part of an order of an extra-provincial tribunal that grants to a person custody of or access to a child; (c) "extra-provincial tribunal" means a court or tribunal outside Ontario that has jurisdiction to grant to a person custody of or access to a child. (2) A reference in this Part to a child is a reference to the child <^hiid while a minor. Purposo 19. The purposes of this Part are, Father and mother I'lititled to custody Rights and respon- sibilities (a) to ensure that apphcations to the courts in respect of custody of, incidents of custody of, access to and guar- dianship for children will be determined on the basis of the best interests of the children; (b) to recognize that the concurrent exercise of jurisdiction by judicial tribunals of more than one province, territory or state in respect of the custody of the same child ought to be avoided, and to make provision so that the courts of Ontario will, unless there are exceptional circumstances, refrain from exercising or decline jurisdiction in cases where it is more appropriate for the matter to be deter- mined by a tribunal having jurisdiction in another place with which the child has a closer connection; (c) to discourage the abduction of children as an alternative to the determination of custody rights by due process; and (d) to provide for the more effective enforcement of custody and access orders and for the recognition and enforce- ment of custody and access orders made outside Ontario. CUSTODY AND ACCESS 20. — (1) Except as otherwise provided in this Part, the father and the mother of a child are equally entitled to custody of the child. (2) A person entided to custody of a child has the rights and responsibilities of a parent in respect of the person of the child, including, (a) the right to care and control of the child; (b) the right to direct the education and moral and religious training of the child, in the best interests of the child. Authority to act Where parents separate (3) Where more than one person is entitled to custody of a child, any one of them may exercise the rights and accept the respon- sibilities of a parent on behalf of them in respect of the child. (4) Where the parents of a child live separate and apart and the child lives with one of them with the consent, implied consent or acquiescence of the other of them , the right of the other to exercise the entitlement to custody and the incidents of custody, but not the entitlement to access, is suspended until a separation agreement or order otherwise provides. (5) The entitlement to access to a child includes the right to Access make reasonable inquiries and to be given information as to the certain health, education and welfare of the child. information (6) The entitlement to custody of or access to a child terminates Marriage on the marriage of the child. (7) Any entitlement to custody or access or incidents of custody Entitlement under this section is subject to alteration by an order of the court agreement oi or by separation agreement. °^^^^ 21. — (1) A parent of a child or any other person may apply to Application a court for an order respecting custody of or access to the child or °^ °^^" determining any aspect of the incidents of custody of the child. (2) No proceeding under this Part shall be commenced in a Exception provincial court (family division) until after a date to be named by proclamation of the Lieutenant Governor. 22. — (1) A court shall only exercise its jurisdiction to make an Jurisdiction order for custody of or access to a child where, (a) the child is habitually resident in Ontario at the com- mencement of the application for the order; (b) although the child is not habitually resident in Ontario, the court is satisfied, (i) that the child is physically present in Ontario at the commencement of the application for the order, (ii) that substantial evidence concerning the best interests of the child is available in Ontario, (iii) that no application for custody of or access to the child is pending before an extra-provincial tri- bunal in another place where the child is habitu- ally resident, (iv) that no extra-provincial order in respect of cus- tody of or access to the child has been recognized by a court in Ontario, (v) that the child has a real and substantial connec- tion with Ontario, and (vi) that, on the balance of convenience, it is appro- priate for jurisdiction to be exercised in Ontario. (2) A child is habitually resident in the place where he resided, Habitual residence (a) with both parents; (b) where the parents are Hving separate and apart, with one parent under a separation agreement or with the impHed consent of the other or under a court order; or (c) with a person other than a parent on a permanent basis for a significant period of time, whichever last occurred. Abduction (3) The removal or withholding of a child without the consent of the person having custody of the child does not alter the habitu- al residence of the child unless there has been acquiescence or undue delay in commencing due process by the person from whom the child is removed or withheld. Serious harm to child 23. Notwithstanding sections 22 and 42, a court may exercise its jurisdiction to make or to vary an order in respect of the custody of or access to a child where, (a) the child is physically present in Ontario; and (b) the court is satisfied that the child would, on the balance of probabilities, suffer serious harm if, (i) the child remains in the custody of the person legally entitled to custody of the child, (ii) the child is returned to the custody of the person legally entitled to custody of the child, or (iii) the child is removed from Ontario. Merits of application for custody or access 24. — (1) The merits of an application under this Part in respect of custody of or access to a child shall be determined on the basis of the best interests of the child. Best interests of child (2) In determining the best interests of a child for the purposes of an application under this Part in respect of custody of or access to a child, a court shall consider all the circumstances of the child including, (a) the love, affection and emotional ties between the child and, (i) each person entitled to or claiming custody of or access to the child, (ii) other members of the child's family who reside with the child, and (iii) persons involved in the care and upbringing of the child; (b) the views and preferences of the child, where such views and preferences can reasonably be ascertained; (c) the length of time the child has lived in a stable home environment; (d) the capacity and disposition of each person applying for custody of the child to provide the child with guidance, and education, the necessaries of life and any special needs of the child; (e) any plans proposed for the care and upbringing of the child; (/) the permanence and stability of any proposed custodial home as a family unit; and (g) the relationship by blood or through an adoption order between the child and each person who is a party to the application. (3) The past conduct of a person is not relevant to a determina- p^' tion of an application under this Part in respect of custody of or access to a child unless the conduct is relevant to the capacity of the person to act as a parent of a child. 25. A court having jurisdiction under this Part in respect of Declining , II. ....... , . jurisdiction custody or access may declme to exercise its jurisdiction where it is of the opinion that it is more appropriate for jurisdiction to be exercised outside Ontario. 26. — (1) Where an application under this Part in respect of Delay custody of or access to a child has not been heard within six months after the commencement of the proceedings, the clerk or registrar of the court shall list the application for the court and give notice to the parties of the date and time when and the place where the court will fix a date for the hearing of the application. (2) At a hearing of a matter listed by the clerk or registrar in Directions accordance with subsection (1), the court by order may fix a date for the hearing of the application and may give such directions in respect of the proceedings and make such order in respect of the costs of the proceedings as the court considers appropriate. (3) Where the court fixes a date under subsection (2), the court t^ariydate shall fix the earliest date that, in the opinion of the court, is compatible with a just disposition of the application. Effect of divorce proceedings R.S.C. 1970, c. D-8 27. Where an action for divorce is commenced under the Divorce Act (Canada), any application under this Part in respect of custody of or access to a child that has not been determined is stayed except by leave of the court. Powers of court CUSTODY AND ACCESS ORDERS 28. The court to which an application is made under section 21. (a) by order may grant the custody of or access to the child to one or more persons; (b) by order may determine any aspect of the incidents of the right to custody or access; and (c) may make such additional order as the court considers necessary and proper in the circumstances. Order varying an order 29. A court shall not make an order under this Part that varies an order in respect of custody or access made by a court in Ontario unless there has been a material change in circumstances that affects or is likely to affect the best interests of the child. Assessment of needs of child When order may be made Agreement by parties CUSTODY AND ACCESS — ASSISTANCE TO COURT 30. — (1) The court before which an application is brought in respect of custody of or access to a child, by order, may appoint a person who has technical or professional skill to assess and report to the court on the needs of the child and the ability and willing- ness of the parties or any of them to satisfy the needs of the child. (2) An order may be made under subsection (1) on or before the hearing of the application in respect of custody of or access to the child and with or without a request by a party to the applica- tion. (3) The court shall, if possible, appoint a person agreed upon by the parties, but if the parties do not agree the court shall choose and appoint the person. Consent to act Attendance for assessment Refusal to attend (4) The court shall not appoint a person under subsection (1) unless the person has consented to make the assessment and to report to the court within the period of time specified by the court. (5) In an order under subsection (1), the court may require the parties, the child and any other person who has been given notice of the proposed order, or any of them, to attend for assessment by the person appointed by the order. (6) Where a person ordered under this section to attend for assessment refuses to attend or to undergo the assessment, the court may" draw such inferences in respect of the ability and willingness of any person to satisfy the needs of the child as the court considers appropriate. (7) The person appointed under subsection (1) shall file his Report report with the clerk or registrar of the court. (8) The clerk or registrar of the court shall give a copy of the Copies of report to each of the parties and to counsel, if any, representing the ^^^°^ child. (9) The report mentioned in subsection (7) is admissible in Admissibility evidence in the application. " ^^^°^ (10) Any of the parties, and counsel, if any, representing the Assessor child, may require the person appointed under subsection (1) to witness attend as a witness at the hearing of the application. (11) Upon motion, the court by order may give such directions Directions in respect of the assessment as the court considers appropriate. (12) The court shall require the parties to pay the fees and Fees and expenses of the person appointed under subsection (1). expenses (13) The court shall specify in the order the proportions or Wem, noun to pay. amounts of the fees and expenses that the court requires each party orTmounts (14) The court may relieve a party from responsibility for pay- Wem, ment of any of the fees and expenses of the person appointed under financial subsection (1) where the court is satisfied that payment would hardship cause serious financial hardship to the party. (15) The appointment of a person under subsection (1) does <^^ther expert evidence not prevent the parties or counsel representing the child from submitting other expert evidence as to the needs of the child and the ability and willingness of the parties or any of them to satisfy the needs of the child. 31. — (1) Upon an application for custody of or access to a Mediation child, the court, at the request of the parties, by order may appoint a person selected by the parties to mediate any matter specified in the order. (2) The court shall not appoint a person under subsection (1) Consent 1 ^, fff ^ ' to act unless the person, (a) has consented to act as mediator; and (b) has agreed to file a report with the court within the period of time specified by the court. 8 Duty of mediator Form of report (3) It is the duty of a mediator to confer with the parties and endeavour to obtain an agreement in respect of the matter. (4) Before entering into mediation on the matter, the parties shall decide whether, (a) the mediator is to file a full report on the mediation, including anything that the mediator considers relevant to the matter in mediation; or (b) the mediator is to file a report that either sets out the agreement reached by the parties or states only that the parties did not reach agreement on the matter. Filing of report (5) The mediator shall file his report with the clerk or registrar of the court in the form decided upon by the parties under subsec- tion (4). Copies of report (6) The clerk or registrar of the court shall give a copy of the report to each of the parties and to counsel, if any, representing the child. Admissions made in the course of mediation F'ees and expenses Idem, proportions or amounts (7) Where the parties have decided that the mediator's report is to be in the form described in clause (4) (b), evidence of any- thing said or of any admission or communication made in the course of the mediation is not admissible in any proceeding except with the consent of all parties to the proceeding in which the order was made under subsection (1). (8) The court shall require the parties to pay the fees and expenses of the mediator. (9) The court shall specify in the order the proportions or amounts of the fees and expenses that the court requires each party to pay. Idem, serious financial hardship Official Guardian's report R.S.O. 1980, c. 258 Further evidence (10) The court may relieve a party from responsibility for pay- ment of any of the fees and expenses of the mediator where the court is satisfied that payment would cause serious financial hardship to the party. 32. In an application under this Part in respect of a child, the court may require the Official Guardian to cause an investigation! to be made and to report to the court upon all matters relating to the custody, support and education of the child, in which case section 1 of the Matrimonial Causes Act shall apply with neces- sary modifications and, for the purpose, the applicant shall be deemed to be the petitioner. 33. — (1) Where a court is of the opinion that it is necessary to receive further evidence from a place outside Ontario before making a decision, the court may send to the Attorney General, Minister of Justice or similar officer of the place outside Ontario such supporting material as may be necessary together with a request, (a) that the Attorney General, Minister of Justice or similar officer take such action as may be necessary in order to require a named person to attend before the proper tribunal in that place and produce or give evidence in respect of the subject-matter of the application; and (b) that the Attorney General, Minister of Justice or similar officer or the tribunal send to the court a certified copy of the evidence produced or given before the tribunal. (2) A court that acts under subsection (1) may assess the cost of so Cost of acting against one or more of the parties to the application or may evidence^ deal with such cost as costs in the cause. 34. — (1) Where the Attorney General receives from an extra- Referral to provincial tribunal a request similar to that referred to in section 33 and such supporting material as may be necessary, it is the duty of the Attorney General to refer the request and the material to the proper court. (2) A court to which a request is referred by the Attorney Obtaining evidence General under subsection (1) shall require the person named in the request to attend before the court and produce or give evidence in accordance with the request. CUSTODY AND ACCESS — ENFORCEMENT 35. — (1) Where an order is made for custody of or access to a Supervision , ., , . 1 !■ • • • 1 ■ of custody child, a court may give such directions as it considers appropriate or access' for the supervision of the custody or access by a person, a chil- dren's aid society or other body. (2) A court shall not direct a person, a children's aid society or Consent . , . • , . • 1 • , to act other body to supervise custody or access as mentioned in subsec- tion (1) unless the person, society or body has consented to act as supervisor. 36. Upon application, a court may make an order restraining Order -,. ., . ,. restraining any person from molesting, annoying or harassing the applicant or harassment a child in the lawful custody of the applicant and may require the respondent to enter into such recognizance, with or without sureties, or to post a bond as the court considers appropriate. 37. — (1) Where a court is satisfied upon application by a person ^'jf"^^,^"*^ in whose favour an order has been made for custody of or acess to fully withheld 10 a child that there are reasonable and probable grounds for believ- ing that any person is unlawfully withholding the child from the applicant, the court by order may authorize the applicant or someone on his behalf to apprehend the child for the purpose of giving effect to the rights of the applicant to custody or access, as the case may be. Order to locate and take child (2) Where a court is satisfied upon application that there are reasonable and probable grounds for believing. (a) that any person is unlawfully withholding a child from a person entitled to custody of or access to the child; (b) that a person who is prohibited by court order or sep- aration agreement from removing a child from Ontario proposes to remove the child or have the child removed from Ontario; or (c) that a person who is entitled to access to a child pro- poses to remove the child or to have the child removed from Ontario and that the child is not likely to return, the court by order may direct the sheriff or a police force, or both, having jurisdiction in any area where it appears to the court that the child may be, to locate, apprehend and deliver the child to the person named in the order. Application without (3) An order may be made under subsection (2) upon an applica- tion without notice where the court is satisfied that it is necessary that action be taken without delay. Duty to act (4) The sheriff or police force directed to act by an order under subsection (2) shall do all things reasonably able to be done to locate, apprehend and deliver the child in accordance with the order. Entry and search (5) For the purpose of locating and apprehending a child in accordance with an order under subsection (2), a sheriff or a member of a police force may enter and search any place where he has reasonable and probable grounds for believing that the child may be with such assistance and such force as are reasonable in the circumstances. Time (6) An entry or a search referred to in subsection (5) shall be made only between sunrise and sunset unless the court, in the order, authorizes entry and search at another time. Expiration of order (7) An order made under subsection (2) expires six months after the day on which it was made, unless the order specifically pro- vides otherwise. 11 (8) An application under subsection (1) or (2) may be made in when .... , , . application an application tor custody or access or at any other time. may be made 38. — (1) Where a court, upon application, is satisfied upon Application reasonable and probable grounds that a person prohibited by unlawful court order or separation agreement from removing a child from |,'j''{![^^j^' Ontario proposes to remove the childfrom Ontario, the court in order to prevent the removal of the child from Ontario may make an order under subsection (3). (2) Where a court, upon application, is satisfied upon reason- Application able and probable grounds that a person entitled to access to a return of child proposes to remove the child from Ontario and is not likely to '^^•''^ return the child to Ontario, the court in order to secure the prompt, safe return of the child to Ontario may make an order under subsection (3). (3) An order mentioned in subsection (1) or (2) may require a O'^'^i^'" person to do any one or more of the following: 1 . Transfer specific property to a named trustee to be held subject to the terms and conditions specified in the order. 2 . Where payments have been ordered for the support of the child, make the payments to a specified trustee sub- ject to the terms and conditions specified in the order. 3. Post a bond, with or without sureties, payable to the applicant in such amount as the court considers appro- priate. 4. Deliver the person's passport, the child's passport and any other travel documents of either of them that the court may specify to the court or to an individual or body specified by the court. (4) A provincial court (family division) shall not make an w^m, 1 1 <- 1 • / ^ provincial order under paragraph 1 of subsection (3). court (family division) (5) In an order under paragraph 1 of subsection (3), the court Terms may specify terms and conditions for the return or the disposition conditions of the property as the court considers appropriate. (6) A court or an individual or body specified by the court in an Safekeeping order under paragraph 4 of subsection (3) shall hold a passport or travel document delivered in accordance with the order in safekeeping in accordance with any directions set out in the order. 12 Directions Contempt of orders of provincial court (family division) Conditions of imprisonment Information as to address (7) In an order under subsection (3), a court may give such directions in respect of the safekeeping of the property, payments, passports or travel documents as the court considers appropriate. 39. — (1) In addition to its powers in respect of contempt, every provincial court (family division) may punish by fine or impris- onment, or both, any wilful contempt of or resistance to its process or orders in respect of custody of or access to a child, but the fine shall not in any case exceed $1,000 nor shall the imprisonment exceed ninety days. (2) An order for imprisonment under subsection (1) may be made conditional upon default in the performance of a condition set out in the order and may provide for the imprisonment to be served intermittently. 40. — (1) Where, upon application to a court, it appears to the court that. (a) for the purpose of bringing an application in respect of custody or access under this Part; or Exception (b) for the purpose of the enforcement of an order for cus- tody or access, the proposed applicant or person in whose favour the order is made has need to learn or confirm the whereabouts of the pro- posed respondent or person against whom the order referred to in clause (b) is made, the court may order any person or public body to provide the court with such particulars of the address of the proposed respondent or person against whom the order referred to in clause (b) is made as are contained in the records in the custody of the person or body, and the person or body shall give the court such particulars as are contained in the records and the court may then give the particulars to such person or persons as the court consid- ers appropriate. (2) A court shall not make an order on an apphcation under subsection (1) where it appears to the court that the purpose of the application is to enable the applicant to identify or to obtain particulars as to the identity of a person who has custody of a child, rather than to learn or confirm the whereabouts of the proposed respondent or the enforcement of an order for custody or access. Compliance with order Section binds Crown (3) The giving of information in accordance with an order under subsection (1) shall be deemed for all purposes not to be a contravention of any Act or regulation or any common law rule of confidentiality. (4) This section binds the Crown in right of Ontario. 13 CUSTODY AND ACCESS — EXTRA-PROVINCIAL MATTERS 41. Upon application, a court, interim powers of court (a) that is satisfied that a child has been wrongfully removed to or is being wrongfully retained in Ontario; or (b) that may not exercise jurisdiction under section 22 or that has declined jurisdiction under section 25 or 43, may do any one or more of the following: 1. Make such interim order in respect of the custody or access as the court considers is in the best interests of the child. 2. Stay the application subject to, i. the condition that a party to the application promptly commence a similar proceeding before an extra-provincial tribunal, or ii. such other conditions as the court considers appropriate. 3. Order a party to return the child to such place as the court considers appropriate and, in the discretion of the court, order payment of the cost of the reasonable travel and other expenses of the child and any parties to or witnesses at the hearing of the application. 42. — (1) Upon application by any person in whose favour an Enforcement order for the custody of or access to a child has been made by an orders extra-provincial tribunal, a court shall recognize the order unless the court is satisfied, (a) that the respondent was not given reasonable notice of the commencement of the proceeding in which the order was made; 0) that the respondent was not given an opportunity to be heard by the extra-provincial tribunal before the order was made; (c) that the law of the place in which the order was made did not require the extra-provincial tribunal to have regard for the best interests of the child; (d) that the order of the extra-provincial tribunal is contrary to public policy in Ontario; or 14 (e) that, in accordance with section 22, the extra-provincial tribunal would not have jurisdiction if it were a court in Ontario. Effect of recognition of order (2) An order made by an extra-provincial tribunal that is recog- nized by a court shall be deemed to be an order of the court and enforceable as such. Conflicting orders (3) A court presented with conflicting orders made by extra- provincial tribunals for the custody of or access to a child that, but for the conflict, would be recognized and enforced by the court under subsection (1) shall recognize and enforce the order that appears to the court to be most in accord with the best interests of the child. Further orders (4) A court that has recognized an extra-provincial order may make such further orders under this Part as the court considers necessary to give effect to the order. Superseding order, material change in circumstances 43. — (1) Upon application, a court by order may supersede an extra-provincial order in respect of custody of or access to a child where the court is satisfied that there has been a material change in circumstances that affects or is likely to affect the best interests of the child and, (a) the child is habitually resident in Ontario at the com- mencement of the application for the order; or (b) although the child is not habitually resident in Ontario, the court is satisfied, (i) that the child is physically present in Ontario at the commencement of the application for the order, (ii) that the child no longer has a real and substantial connection with the place where the extra-pro- vincial order was made, (iii) that substantial evidence concerning the best interests of the child is available in Ontario, (iv) that the child has a real and substantial connec- tion with Ontario, and Declining jurisdiction (v) that, on the balance of convenience, it is appro- priate for jurisdiction to be exercised in Ontario. (2) A court may decline to exercise its jurisdiction under this section where it is of the opinion that it is more appropriate for jurisdiction to be exercised outside Ontario. 15 44. Upon application, a court by order may supersede an extra- Superseding provincial order in respect of custody of or access to a child if the serious court is satisfied that the child would, on the balance of prob- ^^^"^ ability, suffer serious harm if, (a) the child remains in the custody of the person legally entitled to custody of the child; (b) the child is returned to the custody of the person entitled to custody of the child; or (c) the child is removed from Ontario. 45. A copy of an extra-provincial order certified as a true copy ^i""^ ^^py by a judge, other presiding officer or registrar of the tribunal that provincial made the order or by a person charged with keeping the orders of °^^^'^ the tribunal isprima facie evidence of the making of the order, the content of the order and the appointment and signature of the judge, presiding officer, registrar or other person. 46. For the purposes of an application under this Part, a court Court may may take notice, without requiring formal proof, of the law of foreign of a jurisdiction outside Ontario and of a decision of an extra- '^^ provincial tribunal. 47. — (1) In this section, "convention" means the Convention interpre- t3.tion on the Civil Aspects of International Child Abduction, set out in the Schedule to this section. (2) On, from and after the date the convention enters into Convention r • r/-v- •»•! r 1 O" ClVll lorce m respect of Ontario as set out m Article 43 of the conven- Aspects of tion, except as provided in subsection (3), the convention is in ^"^^^j^^"^''*'"^' force in Ontario and the provisions thereof are law in Ontario. Abduction (3) The Crown is not bound to assume any costs resulting Exception under the convention from the participation of legal counsel or advisers or from court proceedings except in accordance with theLegalAidAct. r.so. i98o, ° c. 234 (4) The Ministry of the Attorney General shall be the Central Central .■'. ■' . Authority Authority for Ontario for the purpose of the convention. (5) An application may be made to a court in pursuance of a Application right or an obligation under the convention. (6) The Attorney General shall request the Government of f^'^^^^ Canada to submit a declaration to the Ministry of Foreign Affairs convention 16 of the Kingdom of the Netherlands, declaring that the conven- tion extends to Ontario. Publication of date (7) The Attorney General shall publish in The Ontario Gazette the date the convention comes into force in Ontario. Regulations Conflict (8) The Lieutenant Governor in Council may make such regulations as he considers necessary to carry out the intent and purpose of this section. (9) Where there is a conflict between this section and any other enactment, this section prevails. SCHEDULE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION The States signatory to the present Convention, Firmly convinced that the interests of children are of paramount importance in matters relating to their custody, Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access. Have resolved to conclude a Convention to this effect and have agreed upon the following provisions: CHAPTER 1 — SCOPE OF THE CONVENTION Article 1 The objects of the present Convention are: (a) to secure the promjit return of children wrongfully removed to or retained in any Contracting State; and {b) to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States. Article 2 Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most expeditious procedures available. Article 3 The removal or the retention of a child is to be considered wrongful where: (a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and 17 (b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention. The rights of custody mentioned in sub-paragraph (a) above, may arise in particular by operation of law or by reason of a judicial or administrative deci- sion, or by reason of an agreement having legal effect under the law of that State. Article 4 The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years. Article S For the purposes of this Convention: (a) 'rights of custody' shall include rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence; (b) 'rights of access' shall include the right to take a child for a limited period of time to a place other than the child's habitual residence. CHAPTER II — CENTRAL AUTHORITIES Article 6 A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities. Federal States, States with more than one system of law or States having autonomous territorial organizations shall be free to appoint more than one Cen- tral Authority and to specify the territorial extent of their powers. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which applications may be addressed for transmission to the appro- priate Central Authority within that State. Article 7 Central Authorities shall co-operate with each other and promote co-opera- tion amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of this Convention. In particular, either directly or through any intermediary, they shall take all appropirate measures: (a) to discover the whereabouts of a child who has been wrongfully removed or retained; (b) to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures; (c) to secure the voluntary return of the child or to bring about an amicable resolution of the issues; (d) to exchange, where desirable, information relating to the social background of the child; 18 (e) to provide information of a general ciiaracter as to the law of their State in connection with the application of the Convention; (/) to initiate or facilitate the institution of judical or administrative pro- ceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organizing or securing the effective exercise of rights of access; (g) where the circumstances so require, to provide or facilitate the provi- sion of legal aid and advice, including the participation of legal counsel and advisers; (h) to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child; (i) to keep each other informed with respect to the operation of this Convention and, as far as possible, to eliminate any obstacles to its application. CHAPTER III — RETURN OF CHILDREN Article 8 Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child's habitual residence or to the Central Authority of any other Con- tracting State for assistance in securing the return of the child. The application shall contain: (a) information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child; {b) where available, the date of birth of the child; (c) the giounds on which the applicant's claim for return of the child is based; {d) all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be. The application may be accompanied or supplemented by: (e) an authenticated copy of any relevant decision or agreement; (/) a certificate or an affidavit emanating from a Central Authority, or other competent authority of the State of the child's habitual residence, or from a qualified person, concerning the relevant law of that State; (g) any other relevant document. Article 9 If the Central Authority which receives an application referred to in Article 8 has reason to believe that the child is in another Contracting State, it shall directly and without delay transmit the application to the Central Authority of that Contracting State and inform the requesting Central Authority, or the appli- cant, as the case may be. 19 Article 10 The Central Authority of the State where the child is shall take or cause to be taken all appropriate measures in order to obtain the voluntary return of the child. Article 11 The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children. If the judicial or administrative authority concerned has not reached a deci- sion within six weeks from the date of commencement of the proceedings, the applicant or the Central Authority of the requested State, on its own initiative or if asked by the Central Authority of the requesting State, shall have the right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be. Article 12 Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith. The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment. Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child. Article 13 Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return estab- lishes that: (a) the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or (b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views. In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other com- petent authority of the child's habitual residence. 20 Article 14 In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or adminis- trative decisions, formally recognized or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable. Article 15 The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State. The Central Authorities of the Contracting States shall so far as practicable assist applicants to obtain such a decision or determination. Article 16 After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice. Article 17 The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that deci- sion in applying this Convention. Article 18 The provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time. Article 19 A decision under this Convention concerning the return of the child shall not be taken to be a determination on the merits of any custody issue. Article 20 The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms. CHAPTER IV — RIGHTS OF ACCESS Article 21 An application to make arrangements for organizing or securing the effective exercise of rights of access may be presented to the Central Authorities of the Contracting States in the same way as an application for the return of a child. 21 The Central Authorities are bound by the obligations of co-operation which are set forth in Article 7 to promote the peaceful enjoyment of access rights and the fulfilment of any conditions to which the exercise of those rights may be subject. The Central Authorities shall take steps to remove, as far as possible, all obstacles to the exercise of such rights. The Central Authorities, either directly or through intermediaries, may initiate or assist in the institution of proceedings with a view to organizing or protecting these rights and securing respect for the conditions to which the exer- cise of these rights may be subject. CHAPTER V — GENERAL PROVISIONS Article 22 No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in the judicial or administrative proceedings falling within the scope of this Convention. Article 23 No legalization or similar formality may be required in the context of this Convention. Article 24 Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English. However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority. Article 25 Nationals of the Contracting States and persons who are habituailly resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid and advice in any other Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State. Article 26 Each Central Authority shall bear its own costs in applying this Convention. Central Authorities and other public services of Contracting States shall not impose any charges in relation to applications submitted under this Convention. In particular, they may not require any payment from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers. However, they may require the pay- ment of the expenses incurred or to be incurred in implementing the return of the child. However, a Contracting State may, by making a reservation in accordance with Article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice. 22 Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child. Article 27 When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forth- with inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons. Article 28 A Central Authority may require that the application be accompanied by a written authorization empowering it to act on behalf of the applicant, or to designate a representative so to act. Article 29 This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention. Article 30 Any application submitted to the Central Authorities or directly to the judi- cial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States. Article 31 In relation to a State which in matters of custody of children has two or more systems of law applicable in different territorial units: (a) any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State; 0) any reference to the law of the State of habitual residence shall be construed as referring to the law of the territorial unit in that State where the child habitually resides. Article 32 In relation to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State. Article 33 A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified system of law would not be bound to do so. 23 Article 34 This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organizing access rights. Article 35 This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States. Where a declaration has been made under Article 39 or 40, the reference in the preceding paragraph to a Contracting State shall be taken to refer to the territorial unit or units in relation to which this Convention applies. Article 36 Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves to derogate from any provisions of this Convention which may imply such a restriction. CHAPTER VI — FINAL CLAUSES Article 37 The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Article 38 Any other State may accede to the Convention. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The Convention shall enter into force for a State acceding to it on the first day of the third calendar month after the deposit of its instrument of accession. The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands; this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States. The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession on the first day of the third calendar month after the deposit of the declaration of acceptance. 24 Article 39 Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect at the time the Convention enters into force for that State. Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Article 40 If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declara- tion at any time. Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies. Article 41 Where a Contracting State has a system of government under which execu- tive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State. Article 42 Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 39 or 40, make one or both of the reservations provided for in Article 24 and Article 26, third paragraph. No other reservation shall be permitted. Any State may at any time withdraw a reservation it has made. The with- drawal shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The reservation shall cease to have effect on the first day of the third calen- dar month after the notification referred to in the preceding paragraph. Article 43 The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in Articles 37 and 38. Thereafter the Convention shall enter into force: 1. for each State ratifying, accepting, approving or acceding to it sub- sequently, on the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession; 2. for any territory or territorial unit to which the Convention has been extended in conformity with Article 39 or 40, on the first day of the third calendar month after the notification referred to in that Article. 25 Article 44 The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 43 even for States which subsequently have ratified, accepted, approved it or acceded to it. If there has been no denunciation, it shall be renewed tacitly every five years. Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies. The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States. Article 45 The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States Members of the Conference, and the States which have acceded in accordance with Article 38, of the following: 1. the signatures and ratifications, acceptances and approvals referred to in Article 37; 2. the accessions referred to in Article 38; 3. the date on which the Convention enters into force in accordance with Article 43; 4. the extensions referred to in Article 39; 5. the declarations referred to in Articles 38 and 40; 6. the reservations referred to in Article 24 and Article 26, third para- graph, and the withdrawals referred to in Article 42; 7. the denunciations referred to in Article 44. Done at The Hague, on the 25th day of October, 1980. GUARDIANSHIP 48. — (1) Upon application, by a parent of a child or any other Appointment . i*rii*ii ^ua.rQia,n person, a court may appoint a guardian tor the child. (2) A guardian for a child has charge of and is responsible for Responsibility 1 <- 1 r 1 1 •! 1 of guardian the care and management of the property of the child. 49. — (1) As between themselves and subject to any court order Parents as r ^ -1 1 guardians or any agreement between them, the parents of a child are equally entitled to be appointed by a court as guardians for the child. (2) As between a parent of a child and a person who is not a Pf^ent and ' '^ . , . , , other person parent of the child, the parent has a preferential entitlement to be appointed by a court as a guardian for the child. 26 More than one guardian Guardians jointly responsible (3) A court may appoint more than one guardian for a child. (4) Where more than one guardian is appointed for a child, the guardians are jointly responsible for the care and management of the property of the child. Criteria 50. In deciding an application for the appointment of a guar- dian for a child, the court shall consider all the circumstances, including. (a) the ability of the applicant to manage the property of the child; (b) the merits of any plans proposed by the applicant for the care and management of the property of the child; and (c) the views and preferences of the child, where such views and preferences can reasonably be ascertained. Effect of appointment 51. The appointment of a guardian by a court under this Part has effect in all parts of Ontario. Payment of debt due to child 52. — (1) Where a person is under a duty to pay money or deliver personal property to a child and no guardian has been appointed for the child, the payment of not more than $2 ,000 or the delivery of the personal property to a value of not more than $2,000 in a year to, (a) the child, if the child is married; (b) a parent with whom the child resides; or (c) a person who has lawful custody of the child, discharges the duty to the extent of the amount paid or the value of the personal property delivered, but the total amount paid, or total value of property delivered, under this subsection in respect of the same obligation shall not exceed $5,000. Money payable under judgment Receipt for payment Responsibility for money or property (2) Subsection (1) does not apply in respect of money payable under a judgment or order of a court. (3) A receipt or discharge for money or personal property not in excess of the amount or value set out in subsection (1) received for a child by a parent with whom the child resides or a person who has lawful custody of the child has the same validity as if a court had appointed the parent or the person as a guardian for the child. (4) A parent with whom a child resides or a person who has lawful custody of a child who receives and holds money or person- al property referred to in subsection (1) has the responsibility of a 27 guardian for the care and management of the money or personal property. 53. A guardian for a child may be required to account or may Accounts voluntarily pass his accounts in respect of his care and manage- ment of the property of the child in the same manner as a trustee under a will may be required to account or may pass his accounts in respect of his trusteeship. 54. A guardian for a child shall transfer to the child all property Transfer of ■ the child in the care age of eighteen years. of the child in the care of the guardian when the child attains the chUd" ^ 55 . A guardian for a child is entitled to payment of a reasonable Management amount for his fees for and expenses of management of the prop- expenses erty of the child. 56. — (1) A court that appoints a guardian for a child shall Bond by , ,. , 1-1 -1 • guardian require the guardian to post a bond, with or without sureties, payable to the child in such amount as the court considers appro- priate in respect of the care and management of the property of the child. (2) Subsection (1) does not apply where the court appoints a ^^"^p^'''^"^ parent of a child as guardian for the child and the court is of the guardian opinion that it is appropriate not to require the parent to post a bond. 57. Upon application by a married child, the court that Where child appointed a guardian for the child or a co-ordinate court by order shall end the guardianship for the child. 58. — (1) A guardian for a child may be removed by a court for Removal of 1 r 1 • 1 1 1 guardian the same reasons for which a trustee may be removed. (2) A guardian for a child, with the permission of a court, may ^/^uard^an resign his office upon such conditions as the court considers appropriate. 59. A notice of every application to a court for appointment of a ^y°rr"^\''g guardian shall be transmitted by the registrar or clerk of the court cierk for to the Surrogate Clerk for Ontario. °"^''"° DISPOSITION OF PROPERTY 60. — (1) Upon application by the parent of a child or any other ^"'"j.'™*^ person, the Supreme Court by order may require or approve, or order re both property '^"'-"' of child 28 (a) the disposition or encumbrance of all or part of the interest of the child in land; Criteria Conditions (b) the sale of the interest of the child in personal property; or (c) the payment of all or part of any money belonging to the child or of the income from any property belonging to the child, or both. (2) An order shall be made under subsection (1) only where the Supreme Court is of the opinion that the disposition, encumb- rance, sale or payment is necessary or proper for the support or education of the child or will substantially benefit the child. (3) An order under subsection (1) may be made subject to such conditions as the Supreme Court considers appropriate. Limitation Execution of documents Directions (4) The Supreme Court shall not require or approve a disposi- tion or encumbrance of the interest of a child in land contrary to a term of the instrument by which the child acquired the interest. (5) The Supreme Court, where it makes an order under subsec- tion (1), may order that the child or another person named in the order execute any documents necessary to carry out the disposi- tion, encumbrance, sale or payment. (6) The Supreme Court by order may give such directions as it considers necessary for the carrying out of an order made under subsection (1). Validity of documents (7) Every document executed in accordance with an order under this section is as effectual as if the child by whom it was executed was eighteen years of age or, if executed by another person in accordance with the order, as if the child had executed it and had been eighteen years of age at the time. Liability (8) No person incurs or shall be deemed to incur liability by making a payment in accordance with an order under clause (1) (c). Order for maintenance where power of appointment in favour of children 61. — (1) Upon application by or with the consent of a person who has an estate for life in property with power to devise or appoint the property to one or more of his children, the Supreme Court may order that such part of the proceeds of the property as the Supreme Court considers proper be used for the support, education or benefit of one or more of the children. Idem (2) An order may be made under subsection (1) whether or not, 29 (a) there is a gift over in the event that there are no children to take under the power; or {b ) any person could dispose of the property in the event that there are no children to take under the power. TESTAMENTARY CUSTODY AND GUARDIANSHIP 62. — (1) A person entitled to custody of a child may appoint by Custody, will one or more persons to have custody of the child after the by win death of the appointor. (2) A guardian for a child may appoint by will one or more Guardianship, persons to be guardians for the child after the death of the by^vvin '"'^" appointor. (3) An unmarried parent who is a minor may make an Appointment appointment mentioned in subsection (1) or (2) by a written ^ '"'"°'' appointment signed by the parent. (4) An appointment under subsection (1), (2) or (3) is effective only, Limitation (a) if the appointor is the only person entitled to custody of the child or who is the guardian for the child, as the case requires, on the day immediately before the appoint- ment is to take effect; or (b) if the appointor and any other person entitled to custody of the child or who is the guardian for the child, as the case requires, die at the same time or in circumstances that render it uncertain which survived the other. (5) Where two or more persons are appointed to have custody of Where or to be guardians for a child by appointors who die as mentioned one in clause (4) (b), only the appointments of the persons appointed appointment by both or all of the appointors are effective. (6) No appointment under subsection (1), (2) or (3) is effective Consent of without the consent of the person appointed. appomtee (7) An appointment under subsection (1), (2) or (3) for custody Expiration or guardianship of a child expires ninety days after the appoint- appointment ment becomes effective or, where the appointee applies under this Part for custody of or guardianship for the child within the ninety-day period, when the application is disposed of. (8) An appointment under this section does not apply to pre- Application vent an application for or the making of an order under section under ^"^ 21 or 48. ss. 21,48 (9) This section applies in respect of, Application 30 (a) any will made on or after the day this section comes into force; and {b) any will made before the day this section comes into force, if the testator is living on the day this section comes into force. PROCEDURE Joinder of proceedings R.S.O. 1980, c. 152 Nature of order 63. — (1) An application under this Part may be made in the same proceeding and in the same manner as an application under the Family Law Reform Act, or in another proceeding. (2) An application under this Part may be an original applica- tion or for the variance of an order previously given or to super- sede an order of an extra-provincial tribunal. Parties (3) The parties to an application under this Part in respect of a child shall include, (a) the mother and the father of the child; (b) a person who has demonstrated a settled intention to treat the child as a child of his or her family; (c) a person who had the actual care and upbringing of the child immediately before the application; and (d) any other person whose presence as a party is necessary to determine the matters in issue. Combining of applications (4) Where, in an application under this Part, it appears to the court that it is necessary or desirable in the best interests of the child to have other matters first or simultaneously determined, the court may direct that the application stand over until such other proceedings are brought or determined as the court considers appropriate, subject to section 26. Where identity of father not iinown (5) Where there is no presumption of paternity and the identity of the father is not known or is not reasonably capable of being ascertained, the court may order substituted service or may dis- pense with service of documents upon the father in the proceed- ing. Application or response by minor 64. — (1) A minor who is a spouse may make an application under this Part without a next friend and may respond without a guardian ad litem. Consent by minor (2) A consent in respect of a matter provided for by this Part is not invalid by reason only that the person giving the consent is a minor. 31 65. — (1) In considering an application under this Part, a Child court where possible shall take into consideration the views and to be preferences of the child to the extent that the child is able to ^^^""^ express them. (2) The court may interview the child to determine the views interview and preferences of the child. ycour (3) The interview shall be recorded. Recording (4) The child is entitled to be advised by and to have his Counsel counsel, if any, present during the interview. 66. Nothing in this Part abrogates the right of a child of six- Where child teen or more years of age to withdraw from parental control. or more years old 67. Except as otherwise provided, where an application is ^i' , 1 I • ■!-» 1 • 1 proceedings made to a court under this Part, no person who is a party to the in one court proceeding shall make an application under this Part to any other court in respect of a matter in issue in the proceeding, but the court may order that the proceedings be transferred to a court having other jurisdiction where, in the opinion of the court, the court having other jurisdiction is more appropriate to determine the matters in issue that should be determined at the same time. 68. The court may exclude the public from a hearing, or any Closed part thereof, where, in the opinion of the presiding judge, the desirability of protecting against the consequences of possible disclosure of intimate financial or personal matters outweighs the desirability of holding the hearing in public and the court by order may prohibit the publication of any matter connected with the application or given in evidence at the hearing. 69. — (1) Upon the consent of the parties in an application under Consent this Part, the court may make any order that the court is otherwise empowered to make by this Part, subject to the duty of the court to have regard to the best interests of the child. (2) Any matter provided for in this Part and in a domestic incorporation 1 /" 1 • 1 r-i • I I- rt r a i • "I Contract contract as defined in the tamily Law Reform Act may be incor- in order porated in an order made under this Part. r.s.o. iqso, c. 152 70. Where a domestic contract as defined in the Family Law ^^''^ subject rt r A ... r 1 ■ to contracts Kejorm Act makes provision in respect of a matter that is pro- vided for in this Part, the contract prevails except as otherwise provided in Part IV of the Family Law Reform Act. 7 1 . This Part does not deprive the Supreme Court of its parens Jurisdiction patriae jurisdiction. Supreme Court 32 Surrogate court 72. Where, in a proceeding in respect of an estate, an issue arises with respect to the custody of, access to or guardianship of the property of a child, a surrogate court may exercise the juris- diction of a court under this Part. Order made under R.S.O. 1980, c. 292 Place where application to be made Idem, application for interim order Idem, application to vary order 73. An application to vary an order made by a surrogate court under the Minors Act shall be made to a county or district court. 74. — (1) Subject to subsections (2) and (3), an application under this Part in a provincial court (family division) or a county or district court shall be made in the judicial district in which the child resides. (2) An application for an interim order shall be made to the court in which the original proceeding was taken. (3) An application under this Part to vary an order may be made to the court in which the original proceeding was taken or to a co-ordinate court in another part of Ontario. Interim order 75. In a proceeding under this Part, the court may make such interim order as the court considers appropriate. Appeal from pro\incial court (family division) 76. An appeal from an order of a provincial court (family division) under this Part lies to the county or district court in the county or district in which the provincial court (family division) is situated. Order effective pending appeal 77. An order under this Part is effective notwithstanding that an appeal is taken from the order, unless the court that made the order or the court to which the appeal is taken orders otherwise. Rule of construction 78. — (1) For the purposes of construing any instrument, Act or regulation, unless the contrary intention appears, a reference to a guardian with respect to the person of a child shall be construed to refer to custody of the child and a reference to a guardian with respect to property of a child shall be construed to refer to guar- dianship for the child. Application (2) Subsection (1) applies to any instrument, any Act of the Legislature or any regulation, order or by-law made under an Act of the Legislature enacted or made before, on or after the day this section comes into force. Application of Part to order under R.S.O. 1980, cc. 292, 152; R.S.O. 1970, c. 128 79. This Part applies to an outstanding order for custody or guardianship of or access to a child made under the Minors Act (repealed by section 4 of the Children's Law Reform Amendment Act, 1981), the Family Law Reform Act or The Deserted Wives^ and Children's Maintenance Act (repealed by The Family Law Reform Act, 1978) as if the order were made under this Part. 33 COMPLEMENTARY AMENDMENTS 2. — (1) Paragraph 22 of subsection 1 (1) of the Education Act, being R so. i98o, chapter 129, is repealed and the following substituted there- s. i (li, par. for: "' , . re-enacted 22 . "guardian" means a person who has lawful custody of a child, other than the parent of the child. (2) Section 17 of the said Act is amended by striking out "in law" "^ ^^' , , . , , , . , . . . , . , . 7, . . amended m the second Ime and msertmg m lieu thereof m section 1 and by striking out "or legal custody" in the fifth line. 3. — (1) Subsection 20 (1) of the Family Law Reform Act, being chap- R so. iqso, ter 152 of the Revised Statutes of Ontario, 1980, is amended s. 20 (i), by striking out "or custody" in the third line. amended (2) Clause 26 (1) (b) of the said Act is amended by striking out ^ 26(i)(/)). ' \ / \ / ^ o amended "custody or access" in the second line. (3) Section 35 of the said Act is repealed and the following sub- ^^^^'^^^^^j stituted therefor: 35. An application for custody or access under the Children's Joinder of Law Reform Act may be joined with an application under this ^^q jggg Act, but the court may direct that an application for support c. 68 stand over until an application for custody has been determined. 4.— (1) The Minors Act, being chapter 292 of the Revised Statutes of R s.g<^ i^^^o, Ontario, 1980, is repealed. repealed (2) Where an application is made under the Minors Act or under Application section 35 of the Family Law Reform Act before subsection (1) to proceeding comes into force and no evidence has been heard in the pro- commenced ceeding before subsection (1) comes into force, other than in respect of an interim order, the application shall be deemed to be an application under the Children's Law Reform Act, subject to such directions as the- court considers appropriate. (3) Where an application referred to in subsection (2) is com- where !• • 1 proceedmg menced in a surrogate court, the county or district court that in surrogate has jurisdiction or, in the Judicial District of Hamilton- '^""'''^ Wentworth, the Unified Family Court may order that the proceeding be removed to such county or district court or to the Unified Family Court, as the case may be, subject to such directions as the court considers appropriate. 34 k.S.O. 1980, c. SIS 5. The Schedule to the Unified Family Court Act, being chapter 515 of the Revised Statutes of Ontario, 1980, is amended by adding thereto the following: Sched., amended ^^Children's Law Reform Act All, except sections 67 and 68". Commence- ment 6. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor. Short title 7. The short title of this Act is the Children's Law Reform Amend- ment Act, 1982. 1 o 2 ba H w ? ■ H W u &5 tNJ 1-^ »3 •«>i ^ i-< s I-! o. ?5, n fi- O >3 § h- ' § t— * C^ 00 0^5 00 0^5 n 5^ 1-1 > 3 ft) 3^ > t/T n r-t- r r-t- P3 O ^ &3 50 3 fD 13 >-( 3 ? (T) > BILL 125 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Children's Law Reform Act The Hon. R. McMurtry Attorney General (Reprinted as amended by the Administration of Justice Committee) TORONTO Printed by Alan Gordon, Queen's Printer for Ontario TABLE OF CONTENTS PART III— CUSTODY, ACCESS AND GUARDIANSHIP Interpretation Sec. Page Interpretation for Part III 18 1 Purposes of Part 19 2 Custody and Access Custody of Children — Termination on marriage of minor 20 2 Application for custody, access or incidents thereof 21 3 Jurisdiction — Habitual residence; forum conveniens .... 22 3 Jurisdiction — Serious harm to child 22> 4 Best interests of the child 24 4 Declining jurisdiction 25 5 Effect of delay 26 S Effect where divorce proceedings 27 6 Custody and Access — Orders Types of orders 28 6 Variation of orders 29 6 Custody and Access — Assistance to Court Assessment of needs of child 30 6 Mediation 31 7 Official Guardian's report 32 8 Evidence from outside Ontario 33 8 Requests from an extra-provincial tribunal 34 9 Custody and Access — Enforcement Sec. Page Supervision of custody or access 35 9 Order restraining harassment 36 9 Order where child unlawfully withheld 37 9 Order where child to be removed from Ontario 38 11 Contempt of orders of Provincial Court (family division) .39 12 Access to records — address 40 12 Custody and Access — Extra-Provincial Matters Powers of court — child not habitually resident in Ontario 41 13 Recognition of foreign orders 42 13 Superseding extra-provincial order where material change in circumstances 43 14 Superseding extra-provincial order where child will suffer serious harm 44 IS Certified copy of extra-provincial order prima facie evidence 45 15 Court may take notice of foreign law 46 15 Convention on Civil Aspects of International Child Abduction 47 15 Guardianship Appointment of guardian 48 25 Parents and others as guardians 49 25 Criteria for appointment 50 26 Effect of appointment 51 26 Payment of debt owed to child 52 26 Duty of guardian to account 53 2 7 Transfer of property to child 54 2 7 Guardianship — Continued Sec. Page Management fees and expenses of guardian 55 27 Posting of bond by guardian 56 27 Termination of guardianship upon marriage 57 27 Removal of guardian 58 27 Notice to surrogate clerk 59 27 Guardianship — Disposition of Property Orders re property of child 60 27 Order for maintenance where power of appointment .... 61 28 Testamentary Custody and Guardianship Custody, guardian, appointment by will 62 29 Procedure and General Provisions — Custody, Access and Guardianship Proceedings generally — parties 63 30 Capacity of minors 64 30 Child entitled to be heard 65 31 Child sixteen or more: common law preserved 66 31 All proceedings in one court 67 31 Closed hearings 68 31 Consent orders 69 31 Effect of domestic contract 70 31 Parens patriae jurisdiction preserved 71 31 Jurisdiction of surrogate court 72 32 Variation of order made under the Minors Act 73 32 Place where application to be made 74 32 Procedure and General Provisions — Custody, Sec. Page Access and Guardianship — Continued Interim orders 75 32 Appeal from Provincial Court (family division) 76 32 Orders effective pending appeal 77 32 Rule of construction — Acts or documents 78 32 Application of Part to orders made under Acts or parts thereof repealed 79 32 Complementary Amendments Amendments to the Education Act 2 33 Amendments to the Family Law Reform Act 3 33 Repeal of the Minors Act 4 33 Amendment to the Unified Family Court Act 5 34 Explanatory Note The Bill adds Part III to the Act. This new Part deals with custody of and access to children. The Part also deals with guardianship of property of children and incorporates the Convention on the Civil Aspects of International Child Abduction. BILL 125 1982 An Act to amend the Children's Law Reform Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The Children's Law Reform Act, being chapter 68 of the Revised '^'^'' , , . . iiiii- iri amended Statutes of Ontario, 1980, is amended by adding thereto the fol- lowing Part: PART III Custody, Access and Guardianship interpretation 18. (1) In this Part, interpre- tation (a) "court" means a provincial court (family division), the Unified Family Court, a county or district court, the Supreme Court or a surrogate court exercising jurisdic- tion under section 72; (b) "extra-provincial order" means an order, or that part of an order, of an extra-provincial tribunal that grants to a person custody of or access to a child; (c) "extra-provincial tribunal" means a court or tribunal outside Ontario that has jurisdiction to grant to a per- son custody of or access to a child; (d) "separation agreement" means an agreement that is a valid separation agreement under Part IV of the Family R so. i98o, Law Reform Act. (2) A reference in this Part to a child is a reference to the child '-•^'''^ while a minor. Purposes 19. The purposes of this Part are, (a) to ensure that appHcations to the courts in respect of custody of, incidents of custody of, access to and guar- dianship for children will be determined on the basis of the best interests of the children; (b) to recognize that the concurrent exercise of jurisdiction by judicial tribunals of more than one province, territory or state in respect of the custody of the same child ought to be avoided, and to make provision so that the courts of Ontario will, unless there are exceptional circumstances, refrain from exercising or decline jurisdiction in cases where it is more appropriate for the matter to be deter- mined by a tribunal having jurisdiction in another place with which the child has a closer connection; (c) to discourage the abduction of children as an alternative to the determination of custody rights by due process; and (d) to provide for the more effective enforcement of custody and access orders and for the recognition and enforce- ment of custody and access orders made outside Ontario. Father and mother entitled to custody CUSTODY AND ACCESS 20. — (1) Except as otherwise provided in this Part, the father and the mother of a child are equally entitled to custody of the child. Rights and respon- sibihties Authority to act (2) A person entitled to custody of a child has the rights and responsibilities of a parent in respect of the person of the child and must exercise those rights and responsibilities in the best interests of the child. (3) Where more than one person is entitled to custody of a child, any one of them may exercise the rights and accept the respon- sibilities of a parent on behalf of them in respect of the child. Where parents separate (4) Where the parents of a child live separate and apart and the child lives with one of them with the consent, implied consent or acquiescence of the other of them , the right of the other to exercise the entitlement to custody and the incidents of custody, but not the entitlement to access, is suspended until a separation agreement or order otherwise provides. Access (5) The entitlement to access to a child includes the right to visit with and be visited by the child and the same right as a parent to make inquiries and to be given information as to the health, education and welfare of the child. "^Pl (6) The entitlement to custody of or access to a child terminates Marriage on the marriage of the child. (7) Any entitlement to custody or access or incidents of custody Entitlement under this section is subject to alteration by an order of the court agreement or or by separation agreement. °^^'^^ 21. A parent of a child or any other person may apply to a Application court for an order respecting custody of or access to the child or determining any aspect of the incidents of custody of the child. 22. — (1) A court shall only exercise its jurisdiction to make an Jurisdiction order for custody of or access to a child where, (a) the child is habitually resident in Ontario at the com- mencement of the application for the order; (b) although the child is not habitually resident in Ontario, the court is satisfied, (i) that the child is physically present in Ontario at the commencement of the application for the order, (ii) that substantial evidence concerning the best interests of the child is available in Ontario, (iii) that no application for custody of or access to the child is pending before an extra-provincial tri- bunal in another place where the child is habitu- ally resident, (iv) that no extra-provincial order in respect of cus- tody of or access to the child has been recognized by a court in Ontario, (v) that the child has a real and substantial connec- tion with Ontario, and (vi) that, on the balance of convenience, it is appro- priate for jurisdiction to be exercised in Ontario. (2) A child is habitually resident in the place where he resided. Habitual residence (a) with both parents; (b) where the parents are living separate and apart, with one parent under a separation agreement or with the consent, implied consent or acquiescence of the other or under a court order; or (c) with a person other than a parent on a permanent basis for a significant period of time, whichever last occurred. Abduction (3) The removal or withholding of a child without the consent of the person having custody of the child does not alter the habitu- al residence of the child unless there has been acquiescence or undue delay in commencing due process by the person from whom the child is removed or withheld. Serious harm to child 2Z. Notwithstanding sections 22 and 42, a court may exercise its jurisdiction to make or to vary an order in respect of the custody of or access to a child where, (a) the child is physically present in Ontario; and (ft) the court is satisfied that the child would, on the balance of probabilities, suffer serious harm if, (i) the child remains in the custody of the person legally entitled to custody of the child, (ii) the child is returned to the custody of the person legally entitled to custody of the child, or (iii) the child is removed from Ontario. Merits of application for custody or access 24. — (1) The merits of an application under this Part in respect of custody of or access to a child shall be determined on the basis of the best interests of the child. Best interests of child (2) In determining the best interests of a child for the purposes of an application under this Part in respect of custody of or access to a child, a court shall consider all the needs and circumstances of the child including, {a) the love, affection and emotional ties between the child and, (i) each person entitled to or claiming custody of or access to the child, (ii) other members of the child's family who reside with the child, and (iii) persons involved in the care and upbringing of the child; (6) the views and preferences of the child, where such views and preferences can reasonably be ascertained; (c) the length of time the child has lived in a stable home environment; id) the abilitx- and willingness of each person applying for custody of the child to provide the child with guidance and education, the necessaries of life and any special needs of the child; (e) any plans proposed for the care and upbringing of the child; (/) the permanence and stability of the family unit with which it is proposed that the child will hve; and (g) the relationship by blood or through an adoption order between the child and each person who is a party to the application. (3) The past conduct of a person is not relevant to a determina- ^^^ ri-- ii-T-»- r ir "OnClUCt tion of an application under this Part in respect of custody oi or access to a child unless the conduct is relevant to the ability of the person to act as a parent of a child. 25. A court having jurisdiction under this Part in respect of Declining , 1 ,. ....... , . jurisdiction custody or access may decline to exercise its jurisdiction where it is of the opinion that it is more appropriate for jurisdiction to be exercised outside Ontario. 26. — (1) Where an application under this Part in respect of Delay custody of or access to a child has not been heard within six months after the commencement of the proceedings, the clerk or registrar of the court shall list the application for the court and give notice to the parties of the date and time when and the place where the court will fix a date for the hearing of the application. (2) At a hearing of a matter listed by the clerk or registrar in Directions accordance with subsection (1), the court by order may fix a date for the hearing of the application and may give such directions in respect of the proceedings and make such order in respect of the costs of the proceedings as the court considers appropriate. (3) Where the court fixes a date under subsection (2), the court Early date shall fix the earliest date that, in the opinion of the court, is compatible with a just disposition of the application. 27. Where an action for divorce is commenced under the f.f*^^'^^ °f . ^^ divorce Divorce Act (Canada), any application under this Part in respect proceedings of custody of or access to a child that has not been determined is R s.c, 1970, stayed except by leave of the court. Powers of court CUSTODY AND ACCESS — ORDERS 28. The court to which an application is made under section 21, (a) by order may grant the custody of or access to the child to one or more persons; {b ) by order may determine any aspect of the incidents of the right to custody or access; and (c) may make such additional order as the court considers necessary and proper in the circumstances. Order varying an order 29. A court shall not make an order under this Part that varies an order in respect of custody or access made by a court in Ontario unless there has been a material change in circumstances that affects or is likely to affect the best interests of the child. CUSTODY AND ACCESS — ASSISTANCE TO COURT Assessment of needs of child 30. — (1) The court before which an application is brought in respect of custody of or access to a child, by order, may appoint a person who has technical or professional skill to assess and report to the court on the needs of the child and the ability and willing- ness of the parties or any of them to satisfy the needs of the child. When order may be made (2) An order may be made under subsection (1) on or before the hearing of the application in respect of custody of or access to the child and with or without a request by a party to the applica- tion. Agreement by parties (3) The court shall, if possible, appoint a person agreed upon by the parties, but if the parties do not agree the court shall choose and appoint the person. Consent to act (4) The court shall not appoint a person under subsection (1) unless the person has consented to make the assessment and to report to the court within the period of time specified by the court. Attendance for assessment (5) In an order under subsection (1), the court may require the parties, the child and any other person who has been given notice of the proposed order, or any of them, to attend for assessment by the person appointed by the order. Refusal to attend (6) Where a person ordered under this section to attend for assessment refuses to attend or to undergo the assessment, the court may draw such inferences in respect of the abihty and wilUngness of any person to satisfy the needs of the child as the court considers appropriate. (7) The person appointed under subsection (1) shall file his Report report with the clerk or registrar of the court. (8) The clerk or registrar of the court shall give a copy of the c°p'5/ °f port child. report to each of the parties and to counsel, if any, representing the ^'^^^^ (9) The report mentioned in subsection (7) is admissible in Admissibility evidence in the application. ° ^^^^'^ (10) Any of the parties, and counsel, if any, representing the Assessor child, may require the person appointed under subsection (1) to witness attend as a witness at the hearing of the application. (11) Upon motion, the court by order may give such directions Directions in respect of the assessment as the court considers appropriate. (12) The court shall require the parties to pay the fees and Fees and expenses of the person appointed under subsection (1). expenses (13) The court shall specify in the order the proportions or Wem, amounts of the fees and expenses that the court requires each party or amounts to pay. (14) The court may relieve a party from responsibility for pay- ideni, ment of any of the fees and expenses of the person appointed under financial subsection (1) where the court is satisfied that payment would hardship cause serious financial hardship to the party. (15) The appointment of a person under subsection (1) does other expert not prevent the parties or counsel representing the child from submitting other expert evidence as to the needs of the child and the ability and willingness of the parties or any of them to satisfy the needs of the child. 31. — (1) Upon an application for custody of or access to a Mediation child, the court, at the request of the parties, by order may appoint a person selected by the parties to mediate any matter specified in the order. (2) The court shall not appoint a person under subsection (1) Consent unless the person, (a) has consented to act as mediator; and (b) has agreed to file a report with the court within the period of time specified by the court. 8 Duty of mediator (3) It is the duty of a mediator to confer with the parties and endeavour to obtain an agreement in respect of the matter. Form of report (4) Before entering into mediation on the matter, the parties shall decide whether, (a) the mediator is to file a full report on the mediation, including anything that the mediator considers relevant to the matter in mediation; or (b) the mediator is to file a report that either sets out the agreement reached by the parties or states only that the parties did not reach agreement on the matter. Filing of report (5) The mediator shall file his report with the clerk or registrar of the court in the form decided upon by the parties under subsec- tion (4). Copies of report (6) The clerk or registrar of the court shall give a copy of the report to each of the parties and to counsel, if any, representing the child. Admissions made in the course of mediation Fees and expenses Idem, proportions or amounts (7) Where the parties have decided that the mediator's report is to be in the form described in clause (4) (b), evidence of any- thing said or of any admission or communication made in the course of the mediation is not admissible in any proceeding except with the consent of all parties to the proceeding in which the order was made under subsection (1). (8) The court shall require the parties to pay the fees and expenses of the mediator. (9) The court shall specify in the order the proportions or amounts of the fees and expenses that the court requires each party to pay. Idem, serious financial hardship Official Guardian's report R.S.O. 1980, c. 258 Further evidence (10) The court may relieve a party from responsibility for pay- ment of any of the fees and expenses of the mediator where the court is satisfied that payment would cause serious financial hardship to the party. 32. In an application under this Part in respect of a child, the court may require the Official Guardian to cause an investigation to be made and to report to the court upon all matters relating to the custody, support and education of the child, in which case section 1 of the Matrimonial Causes Act shall apply with neces- sary modifications and, for the purpose, the applicant shall be deemed to be the petitioner. 33. — (1) Where a court is of the opinion that it is necessary to receive further evidence from a place outside Ontario before making a decision, the court may send to the Attorney General, Minister of Justice or similar officer of the place outside Ontario such supporting material as may be necessary together with a request, (a) that the Attorney General, Minister of Justice or similar officer take such action as may be necessary in order to require a named person to attend before the proper tribunal in that place and produce or give evidence in respect of the subject-matter of the application; and (b) that the Attorney General, Minister of Justice or similar officer or the tribunal send to the court a certified copy of the evidence produced or given before the tribunal. (2) A court that acts under subsection (1) may assess the cost of so cost of acting against one or more of the parties to the application or may evidence^ deal with such cost as costs in the cause. 34. — (1) Where the Attorney General receives from an extra- Referral to provincial tribunal a request similar to that referred to in section 33 and such supporting material as may be necessary, it is the duty of the Attorney General to refer the request and the material to the proper court. (2) A court to which a request is referred by the Attorney obtaining General under subsection (1) shall require the person named in the request to attend before the court and produce or give evidence in accordance with the request. CUSTODY AND ACCESS — ENFORCEMENT 35. — (1) Where an order is made for custody of or access to a Supervision , ., , . 1 !• • • • 1 .of custody child, a court may give such directions as it considers appropriate or access' for the supervision of the custody or access by a person, a chil- dren's aid society or other body. (2) A court shall not direct a person, a children's aid society or Consent other body to supervise custody or access as mentioned in subsec- tion (1) unless the person, society or body has consented to act as supervisor. 36. Upon application, a court may make an order restraining Order -. ., . , ,. restraining any person from molesting, annoying or harassing the applicant or harassment a child in the lawful custody of the applicant and may require the respondent to enter into such recognizance, with or without sureties, or to post a bond as the court considers appropriate. 37. — (1) Where a court is satisfied upon application by a person order where in whose favour an order has been made for custody of or access to fuii\ withheld 10 a child that there are reasonable and probable grounds for believ- ing that any person is unlawfully withholding the child from the applicant, the court by order may authorize the applicant or someone on his behalf to apprehend the child for the purpose of giving effect to the rights of the applicant to custody or access, as the case may be. Order to locate and take child (2) Where a court is satisfied upon application that there are reasonable and probable grounds for believing. (a) that any person is unlawfully withholding a child from a person entitled to custody of or access to the child; (b) that a person who is prohibited by court order or sep- aration agreement from removing a child from Ontario proposes to remove the child or have the child removed from Ontario; or (c) that a person who is entitled to access to a child pro- poses to remove the child or to have the child removed from Ontario and that the child is not likely to return, the court by order may direct the sheriff or a police force, or both, having jurisdiction in any area where it appears to the court that the child may be, to locate, apprehend and deliver the child to the person named in the order. Application without notice (3) An order may be made under subsection (2) upon an applica- tion without notice where the court is satisfied that it is necessary that action be taken without delay. Duty to act (4) The sheriff or police force directed to act by an order under subsection (2) shall do all things reasonably able to be done to locate, apprehend and deliver the child in accordance with the order. Entry and search Time Expiration of order (5) For the purpose of locating and apprehending a child in accordance with an order under subsection (2), a sheriff or a member of a police force may enter and search any place where he has reasonable and probable grounds for believing that the child may be with such assistance and such force as are reasonable in the circumstances. (6) An entry or a search referred to in subsection (5) shall be made only between 6 a.m. and 9 p.m. standard time unless the court, in the order, authorizes entry and search at another time. (7) An order made under subsection (2) shall name a date on which it expires, which shall be a date not later than six months after it is made unless the court is satisfied that a longer period of time is necessary in the circumstances. "^B 11 (8) An application under subsection (1) or (2) may be made in when an application for custody or access or at any other time. may be made 38. — (1) Where a court, upon application, is satisfied upon Application reasonable and probable grounds that a person prohibited by u°niawfur court order or separation agreement from removing a child from [5™?^^' Ontario proposes to remove the child from Ontario, the court in order to prevent the removal of the child from Ontario may make an order under subsection (3). (2) Where a court, upon application, is satisfied upon reason- Application able and probable grounds that a person entitled to access to a return of child proposes to remove the child from Ontario and is not likely to ^^^^^ return the child to Ontario, the court in order to secure the prompt, safe return of the child to Ontario may make an order under subsection (3). (3) An order mentioned in subsection (1) or (2) may require a Order person to do any one or more of the following: 1 . Transfer specific property to a named trustee to be held subject to the terms and conditions specified in the order. 2. Where payments have been ordered for the support of the child, make the payments to a specified trustee sub- ject to the terms and conditions specified in the order. 3. Post a bond, with or without sureties, payable to the applicant in such amount as the court considers appro- priate. 4. Deliver the person's passport, the child's passport and any other travel documents of either of them that the court may specify to the court or to an individual or body specified by the court. (4) A provincial court (family division) shall not make an ^em, order under paragraph 1 of subsection (3). court (family division) (5) In an order under paragraph 1 of subsection (3), the court Terms may specify terms and conditions for the return or the disposition conditions of the property as the court considers appropriate. (6) A court or an individual or body specified by the court in an Safekeeping order under paragraph 4 of subsection (3) shall hold a passport or travel document delivered in accordance with the order in safekeeping in accordance with any directions set out in the order. 12 Directions Contempt of orders of provincial court (family division) Conditions of imprisonment Information as to address (7) In an order under subsection (3), a court may give such directions in respect of the safekeeping of the property, payments, passports or travel documents as the court considers appropriate. 39. — (1) In addition to its powers in respect of contempt, every provincial court (family division) may punish by fine or impris- onment, or both, any wilful contempt of or resistance to its process or orders in respect of custody of or access to a child, but the fine shall not in any case exceed $1,000 nor shall the imprisonment exceed ninety days. (2) An order for imprisonment under subsection ( 1) may be made conditional upon default in the performance of a condition set out in the order and may provide for the imprisonment to be served intermittently. 40. — (1) Where, upon application to a court, it appears to the court that. Exception (a) for the purpose of bringing an application in respect of custody or access under this Part; or (b) for the purpose of the enforcement of an order for cus- tody or access, the proposed applicant or person in whose favour the order is made has need to learn or confirm the whereabouts of the pro- posed respondent or person against whom the order referred to in clause (b) is made, the court may order any person or public body to provide the court with such particulars of the address of the proposed respondent or person against whom the order referred to in clause (b) is made as are contained in the records in the custody of the person or body, and the person or body shall give the court such particulars as are contained in the records and the court may then give the particulars to such person or persons as the court consid- ers appropriate. (2) A court shall not make an order on an application under subsection (1) where it appears to the court that the purpose of the application is to enable the applicant to identify or to obtain particulars as to the identity of a person who has custody of a child, rather than to learn or confirm the whereabouts of the proposed respondent or the enforcement of an order for custody or access. Compliance with order Section binds Crown (3) The giving of information in accordance with an order under subsection (1) shall be deemed for all purposes not to be a contravention of any Act or regulation or any common law rule of confidentiality. (4) This section binds the Crown in right of Ontario. 13 CUSTODY AND ACCESS EXTRA-PROVINCIAL MATTERS 41. Upon application, a court, interim powers of court (a) that is satisfied that a child has been wrongfully removed to or is being wrongfully retained in Ontario; or (b) that may not exercise jurisdiction under section 22 or that has declined jurisdiction under section 25 or 43, may do any one or more of the following: 1. Make such interim order in respect of the custody or access as the court considers is in the best interests of the child. 2. Stay the appHcation subject to, i. the condition that a party to the application promptly commence a similar proceeding before an extra-provincial tribunal, or ii. such other conditions as the court considers appropriate. 3. Order a party to return the child to such place as the court considers appropriate and, in the discretion of the court, order payment of the cost of the reasonable travel and other expenses of the child and any parties to or witnesses at the hearing of the application. 42. — (1) Upon application by any person in whose favour an Enforcement order for the custody of or access to a child has been made by an provincial extra-provincial tribunal, a court shall recognize the order unless °'^^^''* the court is satisfied, (a) that the respondent was not given reasonable notice of the commencement of the proceeding in which the order was made; (b) that the respondent was not given an opportunity to be heard by the extra-provincial tribunal before the order was made; (c) that the law of the place in which the order was made did not require the extra-provincial tribunal to have regard for the best interests of the child; (d) that the order of the extra-provincial tribunal is contrary to public policy in Ontario; or 14 (e) that, in accordance with section 22, the extra-provincial tribunal would not have jurisdiction if it were a court in Ontario. Effect of recognition of order (2) An order made by an extra-provincial tribunal that is recog- nized by a court shall be deemed to be an order of the court and enforceable as such. Conflicting orders (3) A court presented with conflicting orders made by extra- provincial tribunals for the custody of or access to a child that, but for the conflict, would be recognized and enforced by the court under subsection (1) shall recognize and enforce the order that appears to the court to be most in accord with the best interests of the child. Further orders (4) A court that has recognized an extra-provincial order may make such further orders under this Part as the court considers necessary to give effect to the order. Superseding order, material change in circumstances Declining jurisdiction 43. — (1) Upon application, a court by order may supersede an extra-provincial order in respect of custody of or access to a child where the court is satisfied that there has been a material change in circumstances that affects or is likely to affect the best interests of the child and, (a) the child is habitually resident in Ontario at the com- mencement of the application for the order; or (b) although the child is not habitually resident in Ontario, the court is satisfied, (i) that the child is physically present in Ontario at the commencement of the application for the order, (ii) that the child no longer has a real and substantial connection with the place where the extra-pro- vincial order was made, (iii) that substantial evidence concerning the best interests of the child is available in Ontario, (iv) that the child has a real and substantial connec- tion with Ontario, and (v) that, on the balance of convenience, it is appro- priate for jurisdiction to be exercised in Ontario. (2) A court may decline to exercise its jurisdiction under this section where it is of the opinion that it is more appropriate for jurisdiction to be exercised outside Ontario. IS 44. Upon application, a court by order may supersede an extra- Superseding provincial order in respect of custody of or access to a child if the serious court is satisfied that the child would, on the balance of prob- '^^™ ability, suffer serious harm if, (a) the child remains in the custody of the person legally entitled to custody of the child; (6) the child is returned to the custody of the person entitled to custody of the child; or (c) the child is removed from Ontario. 45 . A copy of an extra-provincial order certified as a true copy '^rue copy by a judge, other presiding officer or registrar of the tribunal that provincial made the order or by a person charged with keeping the orders of °^^^^ the tribunal i&prima facie evidence of the making of the order, the content of the order and the appointment and signature of the judge, presiding officer, registrar or other person. "" 46. For the purposes of an application under this Part, a court *^°"''t "^^y may take notice, without requiring formal proof, of the law of foreign of a jurisdiction outside Ontario and of a decision of an extra- ''^^ provincial tribunal. 47. — (1) In this section, "convention" means the Convention interpre- on the Civil Aspects of International Child Abduction, set out in the Schedule to this section. (2) On, from and after the date the convention 'enters into c°"y<^"tio" force in respect of Ontario as set out in Article 43 of the conven- Aspects of tion, except as provided in subsection (3), the convention is in ^"j^^^™^''°"^' force in Ontario and the provisions thereof are law in Ontario. Abduction (3) The Crown is not bound to assume any costs resulting Exception under the convention from the participation of legal counsel or advisers or from court proceedings except in accordance with the Legal Aid Act. r.s.o. i98o, ° c. 234 (4) The Ministry of the Attorney General shall be the Central Central . ,.._-^.., -^ ., . Authority Authority for Ontario for the purpose of the convention. (5) An application may be made to a court in pursuance of a Application right or an obligation under the convention. (6) The Attorney General shall request the Government of Request «■• • /* ^ , . — 1« . to r3,tiiy Canada to submit a declaration to the Ministry of Foreign Attairs convention 16 of the Kingdom of the Netherlands, declaring that the conven- tion extends to Ontario. Publication of date (7) The Attorney General shall publish in The Ontario Gazette the date the convention comes into force in Ontario. Regulations (8) The Lieutenant Governor in Council may make such regulations as he considers necessary to carry out the intent and purpose of this section. Conflict (9) Where there is a conflict between this section and any other enactment, this section prevails. SCHEDULE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION The States signatory to the present Convention, Firmly convinced that the interests of children are of paramount importance in matters relating to their custody, Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access. Have resolved to conclude a Convention to this effect and have agreed upon the following provisions: CHAPTER I — SCOPE OF THE CONVENTION Article 1 The objects of the present Convention are: (a) to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and {b) to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States. Article 2 Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most expeditious procedures available. Article 3 The removal or the retention of a child is to be considered wrongful where: (a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and 17 (b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention. The rights of custody mentioned in sub-paragraph (a) above, may arise in particular by operation of law or by reason of a judicial or administrative deci- sion, or by reason of an agreement having legal effect under the law of that State. Article 4 The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years. Article 5 For the purposes of this Convention: (a) 'rights of custody' shall include rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence; (b) 'rights of access' shall include the right to take a child for a limited period of time to a place other than the child's habitual residence. CHAPTER II — CENTRAL AUTHORITIES Article 6 A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities. Federal States, States with more than one system of law or States having autonomous territorial organizations shall be free to appoint more than one Cen- tral Authority and to specify the territorial extent of their powers. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which applications may be addressed for transmission to the appro- priate Central Authority within that State. Article 7 Central Authorities shall co-operate with each other and promote co-opera- tion amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of this Convention. In particular, either directly or through any intermediary, they shall take all appropriate measures: (a) to discover the whereabouts of a child who has been wrongfully removed or retained; (b) to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures; (c) to secure the voluntary return of the child or to bring about an amicable resolution of the issues; (rf) to exchange, where desirable, information relating to the social background of the child; 18 (e) to provide information of a general character as to the law of their State in connection with the application of the Convention; (/) to initiate or facilitate the institution of judical or administrative pro- ceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organizing or securing the effective exercise of rights of access; (g) where the circumstances so require, to provide or facilitate the provi- sion of legal aid and advice, including the participation of legal counsel and advisers; (h) to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child; (i) to keep each other informed with respect to the operation of this Convention and, as far as possible, to eliminate any obstacles to its application. CHAPTER III — RETURN OF CHILDREN Article 8 Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child's habitual residence or to the Central Authority of any other Con- tracting State for assistance in securing the return of the child. The application shall contain: (a) information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child; (fc) where available, the date of birth of the child; (c) the grounds on which the applicant's claim for return of the child is based; (d) all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be. The application may be accompanied or supplemented by: (e) an authenticated copy of any relevant decision or agreement; (/) a certificate or an affidavit emanating from a Central Authority, or other competent authority of the State of the child's habitual residence, or from a qualified person, concerning the relevant law of that State; (g) any other relevant document. Article 9 If the Central Authority which receives an application referred to in Article 8 has reason to believe that the child is in another Contracting State, it shall directly and without delay transmit the application to the Central Authority of that Contracting State and inform the requesting Central Authority, or the appli- cant, as the case may be. 19 Article 10 The Central Authority of the State where the child is shall take or cause to be taken all appropriate measures in order to obtain the voluntary return of the child. Article 11 The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children. If the judicial or administrative authority concerned has not reached a deci- sion within six weeks from the date of commencement of the proceedings, the applicant or the Central Authority of the requested State, on its own initiative or if asked by the Central Authority of the requesting State, shall have the right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be. Article 12 Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith. The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment. Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child. Article 13 Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return estab- lishes that: (c) the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or (b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views. In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other com- petent authority of the child's habitual residence. 20 Article 14 In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or adminis- trative decisions, formally recognized or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable. Article 15 The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State. The Central Authorities of the Contracting States shall so far as practicable assist applicants J;o obtain such a decision or determination. Article 16 After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice. Article 17 The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that deci- sion in applying this Convention. Article 18 The provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time. Article 19 A decision under this Convention concerning the return of the child shall not be taken to be a determination on the merits of any custody issue. Article 20 The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms. CHAPTER IV — RIGHTS OF ACCESS Article 21 An application to make arrangements for organizing or securing the effective exercise of rights of access may be presented to the Central Authorities of the Contracting States in the same way as an application for the return of a child. 21 The Central Authorities are bound by the obligations of co-operation which are set forth in Article 7 to promote the peaceful enjoyment of access rights and the fulfilment of any conditions to which the exercise of those rights may be subject. The Central Authorities shall take steps to remove, as far as possible, all obstacles to the exercise of such rights. The Central Authorities, either directly or through intermediaries, may initiate or assist in the institution of proceedings with a view to organizing or protecting these rights and securing respect for the conditions to which the exer- cise of these rights may be subject. CHAPTER V — GENERAL PROVISIONS Article 22 No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in the judicial or administrative proceedings falling within the scope of this Convention. Article 23 No legalization or similar formality may be required in the context of this Convention. Article 24 Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English. However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority. Article 25 Nationals of the Contracting States and persons who are habitually resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid and advice in any other Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State. Article 26 Each Central Authority shall bear its own costs in applying this Convention. Central Authorities and other public services of Contracting States shall not impose any charges in relation to applications submitted under this Convention. In particular, they may not require any payment from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers. However, they may require the pay- ment of the expenses incurred or to be incurred in implementing the return of the child. However, a Contracting State may, by making a reservation in accordance with Article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice. 22 Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child. Article 27 When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forth- with inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons. Article 28 9 A Central Authority may require that the application be accompanied by a ) written authorization empowering it to act on behalf of the applicant, or to ^ designate a representative so to act. Article 29 This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention. Article 30 Any application submitted to the Central Authorities or directly to the judi- cial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States. Article 31 In relation to a State which in matters of custody of children has two or more systems of law applicable in different territorial units: (a) any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State; ib) any reference to the law of the State of habitual residence shall be construed as referring to the law of the territorial unit in that State where the child habitually resides. Article 32 In relation to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State. Article 33 A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified system of law would not be bound to do so. 23 Article 34 This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organizing access rights. Article 35 This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States. Where a declaration has been made under Article 39 or 40, the reference in the preceding paragraph to a Contracting State shall be taken to refer to the territorial unit or units in relation to which this Convention applies. Article 36 Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves to derogate from any provisions of this Convention which may imply such a restriction. CHAPTER VI — FINAL CLAUSES Article 37 The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Article 38 Any other State may accede to the Convention. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The Convention shall enter into force for a State acceding to it on the first day of the third calendar month after the deposit of its instrument of accession. The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands; this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States. The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession on the first day of the third calendar month after the deposit of the declaration of acceptance. 24 Article 39 Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect at the time the Convention enters into force for that State. Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Article 40 If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declara- tion at any time. Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies. Article 41 Where a Contracting State has a system of government under which execu- tive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State. Article 42 Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 39 or 40, make one or both of the reservations provided for in Article 24 and Article 26, third paragraph. No other reservation shall be permitted. Any State may at any time withdraw a reservation it has made. The with- drawal shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The reservation shall cease to have effect on the first day of the third calen- dar month after the notification referred to in the preceding paragraph. Article 43 The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in Articles 37 and 38. Thereafter the Convention shall enter into force: 1. for each State ratifying, accepting, approving or acceding to it sub- sequently, on the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession; 2. for any territory or territorial unit to which the Convention has been extended in conformity with Article 39 or 40, on the first day of the third calendar month after the notification referred to in that Article. 25 Article 44 The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 43 even for States which subsequently have ratified, accepted, approved it or acceded to it. If there has been no denunciation, it shall be renewed tacitly every five years. Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies. The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States. Article 45 The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States Members of the Conference, and the States which have acceded in accordance with Article 38, of the following: 1. the signatures and ratifications, acceptances and approvals referred to in Article 37; 2. the accessions referred to in Article 38; 3. the date on which the Convention enters into force in accordance with Article 43; 4. the extensions referred to in Article 39; 5. the declarations referred to in Articles 38 and 40; 6. the reservations referred to in Article 24 and Article 26, third para- graph, and the withdrawals referred to in Article 42; 7. the denunciations referred to in Article 44. Done at The Hague, on the 25th day of October, 1980. GUARDIANSHIP 48. — (1) Upon application, by a parent of a child or any other Appointment . ,. r ^ r.iOf guardian person, a court may appoint a guardian oi the propert\- ot the child. (2) A guardian of the propert\ of a child has charge of and is Responsibility responsible for the care and management of the property of the child. 49. — (1) As between themselves and subject to any court order ^^^^Jjl^^^^^ or any agreement between them, the parents of a child are equally entitled to be appointed by a court as guardians of the propert\ of the child. (2) As between a parent of a child and a person who is not a Parent and parent of the child, the parent has a preferential entitlement to be " '^^ ^^^^^^ appointed by a court as a guardian of the property of the child. 26 More than one guardian Guardians jointly responsible Criteria Effect of appointment Payment of debt due to child Money payable under judgment Receipt for payment Responsibility for money or property (3) A court may appoint more than one guardian of the prop- erty of a child. (4) Where more than one guardian is appointed of the prop- erty of a child, the guardians are jointly responsible for the care and management of the property of the child. 50. In deciding an application for the appointment of a guar- dian of the property of a child, the court shall consider all the circumstances, including, (a) the ability of the applicant to manage the property of the child; (b) the merits of any plans proposed by the applicant for the care and management of the property of the child; and (c) the views and preferences of the child, where such views and preferences can reasonably be ascertained. 5 1 . The appointment of a guardian by a court under this Part has effect in all parts of Ontario. 52. — (1) Where a person is under a duty to pay money or deliver personal property to a child and no guardian of the prop- erty of the child has been appointed, the payment of not more than $2,000 or the delivery of the personal property to a value of not more than $2,000 in a year to, (a) the child, if the child is married; (b) a parent with whom the child resides; or (c) a person who has lawful custody of the child, discharges the duty to the extent of the amount paid or the value of the personal property delivered, but the total amount paid, or total value of property delivered, under this subsection in respect of the same obligation shall not exceed $5,000. (2) Subsection (1) does not apply in respect of money payable under a judgment or order of a court. (3) A receipt or discharge for money or personal property not in excess of the amount or value set out in subsection (1) received for a child by a parent with whom the child resides or a person who has lawful custody of the child has the same validity as if a court had appointed the parent or the person as a guardian of the property of the child. (4) A parent with whom a child resides or a person who has lawful custody of a child who receives and holds money or person- al property referred to in subsection (1) has the responsibility of a 27 guardian for the care and management of the money or personal property. 53. A guardian of the property of a child may be required to Accounts account or may voluntarily pass his accounts in respect of his care and management of the property of the child in the same manner as a trustee under a will may be required to account or may pass his accounts in respect of his trusteeship. 54. A guardian of the property of a child shall transfer to the Transfer of lild all property of the child in the care oi the child attains the age of eighteen years. child all property of the child in the care of the guardian when cwid*^'^ ^ 55 . A guardian of the property of a child is entitled to payment Management of a reasonable amount for his fees for and expenses of manage- expenses ment of the property of the child. 56. — (1) A court that appoints a guardian of the property of a ^,°",H;an child shall require the guardian to post a bond, with or without sureties, payable to the child in such amount as the court consid- ers appropriate in respect of the care and management of the property of the child. (2) Subsection (1) does not apply where the court appoints a where parent parent of a child as guardian of the property of the child and the guardLn court is of the opinion that it is appropriate not to require the parent to post a bond. 57. Upon application by a married child, the court that where child appointed a guardian of the property of the child or a co-ordinate court by order shall end the guardianship for the child. 58. — (1) A guardian of the property of a child may be removed Removal of by a court for the same reasons for which a trustee may be removed. (2) A guardian of the property of a child, with the permission Resignation -: , . rJ" 1 • • 1 °f guardian of a court, may resign his office upon such conditions as the court considers appropriate. 59. A notice of every application to a court for appointment of Notice to a guardian of the property of a child shall be transmitted by the cierk for registrar or clerk of the court to the Surrogate Clerk for Ontario. Ontano DISPOSITION OF PROPERTY 60. — (1) Upon application by the parent of a child or any other court'"^ person, the Supreme Court by order may require or approve, or order re both, property of child 28 (a) the disposition or encumbrance of all or part of the interest of the child in land; (b) the sale of the interest of the child in personal property; or Criteria Conditions (c) the payment of all or part of any money belonging to the child or of the income from any property belonging to the child, or both. (2) An order shall be made under subsection (1) only where the Supreme Court is of the opinion that the disposition, encumb- rance, sale or payment is necessary or proper for the support or education of the child or will substantially benefit the child. (3) An order under subsection (1) may be made subject to such conditions as the Supreme Court considers appropriate. Limitation (4) The Supreme Court shall not require or approve a disposi- tion or encumbrance of the interest of a child in land contrary to a term of the instrument by which the child acquired the interest. Execution of documents Directions (5) The Supreme Court, where it makes an order under subsec- tion (1), may order that the child or another person named in the order execute any documents necessary to carry out the disposi- tion, encumbrance, sale or payment. (6) The Supreme Court by order may give such directions as it considers necessary for the carrying out of an order made under subsection (1). Validity of documents Liability Order for maintenance where power of appointment in favour of children Idem (7) Every document executed in accordance with an order under this section is as effectual as if the child by whom it was executed was eighteen years of age or, if executed by another person in accordance with the order, as if the child had executed it and had been eighteen years of age at the time. I (8) No person incurs or shall be deemed to incur liability by making a payment in accordance with an order under clause (1) I 61. — (1) Upon application by or with the consent of a person who has an estate for life in property with power to devise or appoint the property to one or more of his children, the Supreme Court may order that such part of the proceeds of the property as the Supreme Court considers proper be used for the support, education or benefit of one or more of the children. i (2) An order may be made under subsection (1) whether or not, 29 (a) there is a gift over in the event that there are no children to take under the power; or {b ) any person could dispose of the property in the event that there are no children to take under the power. TESTAMENTARY CUSTODY AND GUARDIANSHIP 62. — (1) A person entitled to custody of a child may appoint by Custody, 1 1 c 1 1 •! 1 r 1 appointment Will one or more persons to have custody oi the child after the by will death of the appointor. (2) A guardian of the property of a child may appoint by will Guardianship, r^- r r . ^ , , ., , appointment one or more persons to be guardians of the property of the child by will after the death of the appointor. (3) An unmarried parent who is a minor may make an Appointment appointment mentioned in subsection (1) or (2) by a written ^ ™"°'' appointment signed by the parent. (4) An appointment under subsection (1), (2) or (3) is effective only, Limitation (a) if the appointor is the only person entitled to custody of the child or who is the guardian of the property of the child, as the case requires, on the day immediately before the appointment is to take effect; or {b) if the appointor and any other person entitled to cus- tody of the child or who is the guardian of the property of the child, as the case requires, die at the same time or in circumstances that render it uncertain which sur- vived the other. (5) Where two or more persons are appointed to have custody where of or to be guardians of the property of a child by appointors who one die as mentioned in clause (4) {b), only the appointments of the appointment persons appointed by both or all of the appointors are effective. (6) No appointment under subsection (1), (2) or (3) is effective Consent of without the consent of the person appointed. Expiration of appointment (7) An appointment under subsection (1), (2) or (3) for custody of a child or guardianship of the property of a child expires ninety days after the appointment becomes effective or, where the appointee applies under this Part for custody of the child or guardianship of the property of the child within the ninety-day period, when the application is disposed of. (8) An appointment under this section does not apply to pre- ^PPjij^^*^^'"" vent an application for or the making of an order under section under 21 or 48. ''-'"'^^ 30 Application Joinder of proceedings R.S.O. 1980, c. 152 Nature of order (9) This section applies in respect of, (a) any will made on or after the day this section comes into force; and (b) any will made before the day this section comes into force, if the testator is living on the day this section comes into force. PROCEDURE 63. — (1) An application under this Part may be made in the same proceeding and in the same manner as an application under the Family Law Reform Act, or in another proceeding. 1 (2) An application under this Part may be an original applica- tion or for the variance of an order previously given or to super- sede an order of an extra-provincial tribunal. Parties (3) The parties to an application under this Part in respect of a child shall include, (a) the mother and the father of the child; I {b) a person who has demonstrated a settled intention to treat the child as a child of his or her family; (c) a person who had the actual care and upbringing of the child immediately before the application; and (d) any other person whose presence as a party is necessary to determine the matters in issue. Combining of applications Where identity of father not known Application or response by minor (4) Where, in an application under this Part, it appears to the court that it is necessary or desirable in the best interests of the child to have other matters first or simultaneously determined, the court may direct that the application stand over until such other proceedings are brought or determined as the court considers appropriate, subject to section 26. fj (5) Where there is no presumption of paternity and the identity of the father is not known or is not reasonably capable of being ascertained, the court may order substituted service or may dis- pense with service of documents upon the father in the proceed- ing. I 64. — (1) A minor who is a spouse may make an application under this Part without a next friend and may respond without a guardian ad litem. Consent by minor (2) A consent in respect of a matter provided for by this Part is not invalid by reason only that the person giving the consent is a minor. 1 31 65. — (1) In considering an application under this Part, a Child court where possible shall take into consideration the views and to be preferences of the child to the extent that the child is able to ^^^^^ express them. (2) The court may interview the child to determine the vaews interview and preferences of the child. ^ *^°"'^ (3) The interview shall be recorded. Recording (4) The child is entitled to be advised by and to have his Counsel counsel, if any, present during the interview. 66. Nothing in this Part abrogates the right of a child of six- where child teen or more years of age to withdraw from parental control. or more years old 67. Except as otherwise provided, where an application is A" proceedings made to a court under this Part, no person who is a party to the in one court proceeding shall make an application under this Part to any other court in respect of a matter in issue in the proceeding, but the court may order that the proceedings be transferred to a court having other jurisdiction where, in the opinion of the court, the court having other jurisdiction is more appropriate to determine the matters in issue that should be determined at the same time. 68. The court may exclude the public from a hearing, or any Closed part thereof, where, in the opinion of the presiding judge, the desirability of protecting against the consequences of possible disclosure of intimate financial or personal matters outweighs the desirability of holding the hearing in public and the court by order may prohibit the publication of any matter connected with the application or given in evidence at the hearing. 69. — (1) Upon the consent of the parties in an application under Consent orders this Part, the court may make any order that the court is otherwise empowered to make by this Part, subject to the duty of the court to have regard to the best interests of the child. (2) Any matter provided for in this Part and in a domestic incorporation ,-.,.,„., y n /• 4 1 • of contract contract as denned m the Family Law Reform Act may be mcor- in order porated in an order made under this Part. r.s.o. i980, c. 152 70. Where a domestic contract as defined in the Family Law ^^^^ subject r, /• A ... r 1 • ^° contracts Reform Act makes provision in respect of a matter that is pro- vided for in this Part, the contract prevails except as otherwise provided in Part IV of the Family Law Reform Act. 7 1 . This Part does not deprive the Supreme Court of its parens Jurisdiction patriae jurisdiction. Supreme Court 32 Surrogate court 72. Where, in a proceeding in respect of an estate, an issue arises with respect to the custody of, access to or guardianship of the property of a child, a surrogate court may exercise the juris- diction of a court under this Part. Order made under R.S.O. 1980, c. 292 73. An apphcation to vary an order made by a surrogate court under the Minors Act shall be made to a county or district court. Place of application for interim order 74. — (1) An application for an interim order shall be made to the court in which the original proceeding was taken. Place of application to vary order (2) An application under this Part to vary an order may be made to the court in which the original proceeding was taken or to a co-ordinate court in another part of Ontario. j Interim order 75. In a proceeding under this Part, the court may make such interim order as the court considers appropriate. I Appeal from provincial court (family division) 76. An appeal from an order of a provincial court (family division) under this Part lies to the county or district court in the county or district in which the provincial court (family division) is situated. Order effective pending appeal 77. An order under this Part is effective notwithstanding that an appeal is taken from the order, unless the court that made the order or the court to which the appeal is taken orders otherwise. Rule of construction 78. — (1) For the purposes of construing any instrument, Act or regulation, unless the contrary intention appears, a reference to a guardian with respect to the person of a child shall be construed to refer to custody of the child and a reference to a guardian with respect to property of a child shall be construed to refer to guar- dianship of the property of the child. i Application Application of Part to order under R.S.O. 1980, cc. 292, 152; R.S.O. c. 128 1970, (2) Subsection (1) applies to any instrument, any Act of the Legislature or any regulation, order or by-law made under an Act of the Legislature enacted or made before, on or after the day this section comes into force. ■ 79. This Part applies to an outstanding order for custody or guardianship of or access to a child made under the Minors Act (repealed by section 4 of the Children's Law Reform Amendment Act, 1981), the Family Law Reform Act or The Deserted Wives^ and Children's Maintenance Act (repealed by The Family Law Reform Act, 1978) as if the order were made under this Part. 33 COMPLEMENTARY AMENDMENTS 2.— (1) Paragraph 22 of subsection 1 (1) of the Education Act, being R so. i98o, chapter 129, is repealed and the following substituted there- s i (i) par for: ' 22, re-enacted 22. "guardian" means a person who has lawful custody of a child, other than the parent of the child. (2) Section 17 of the said Act is amended by striking out "in law" ^ i^- in the second line and inserting in lieu thereof "in section 1" and by striking out "or legal custody" in the fifth line. -(1) Subsection 20 (1) of the Family Law Reform Act, being chap- R so. i ter 152 of the Revised Statutes of Ontario, 1980, is amended '. 20 (i), by striking out "or custody" in the third line. amended (2) Clause 26(1) (b) of the said Act is amended by striking out ^ ^6 (i) (6), „ • 1 1 ,• amended custody or access m the second hne. (3) Section 35 of the said Act is repealed and the following sub- ^^5, stituted therefor: 35. An application for custody or access under the Children's Joinder of Law Reform Act may be joined with an application under this j^gQ ^gg^ Act, but the court may direct that an application for support c 68 stand over until an application for custody has been determined. 4.— (1) The Minors Act, being chapter 292 of the Revised Statutes of R s^o i^so, Ontario, 1980, is repealed. repealed (2) Where an application is made under the Minors Act or under Application section 35 of the Family Law Reform Act before subsection (1) to proceeding comes into force and no evidence has been heard in the pro- ^o^^^gn^g^j ceeding before subsection (1) comes into force, other than in respect of an interim order, the application shall be deemed to be an application under the Children's Law Reform Act, subject to such directions as the- court considers appropriate. (3) Where an application referred to in subsection (2) is com- where 1 . 1 !• • i ii proceedmg menced m a surrogate court, the county or district court that in surrogate has jurisdiction or, in the Judicial District of Hamilton- Wentworth, the Unified Family Court may order that the proceeding be removed to such county or district court or to the Unified Family Court, as the case may be, subject to such directions as the court considers appropriate. court 34 R.S.O. 1980, c. S15 Sched., amended 5. The Schedule to the Unified Family Court Act, being chapter 515 of the Revised Statutes of Ontario, 1980, is amended by adding thereto the following: "Children's Law Reform Act All, except sections 60 and 61". Commence- ment 6. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor. Short title 7. The short title of this Act is the Children's Law Reform Amend- ment Act, 1982. >3 jr. S H w O !^ 3 O H w ^ s Ui V> t\j ft3 »~A -^ <-t S i-( Oj ?x n Pi- n >3 Pi- >3 0^5 vO c^ vO 0^ n &^ > 3 3^ > in" o r r->- P O ^ ta ^ 3 3 3 n > i BILL 125 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Children's Law Reform Act The Hon. R. McMurtry Attorney General TORONTO Printed by Alan Gordon, Queen's Printer for Ontario BILL 125 1982 An Act to amend the Children's Law Reform Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The Children's Law Reform Act, being chapter 68 of the Revised '^ct, Statutes of Ontario, 1980, is amended by adding thereto the fol- lowing Part: PART III Custody, Access and Guardianship interpretation 18.— (1) In this Part, interpre- tation (a) "court" means a provincial court (family division), the Unified Family Court, a county or district court, the Supreme Court or a surrogate court exercising jurisdic- tion under section 72; (b) "extra-provincial order" means an order, or that part of an order, of an extra-provincial tribunal that grants to a person custody of or access to a child; (c) "extra-provincial tribunal" means a court or tribunal outside Ontario that has jurisdiction to grant to a per- son custody of or access to a child; id) "separation agreement" means an agreement that is a valid separation agreement under Part IV of the Family R so. i980, Law Reform Act. (2) A reference in this Part to a child is a reference to the child ^hiid while a minor. Purposes 19. The purposes of this Part are, (a) to ensure that applications to the courts in respect of custody of, incidents of custody of, access to and guar- dianship for children will be determined on the basis of the best interests of the children; (b) to recognize that the concurrent exercise of jurisdiction by judicial tribunals of more than one province, territory or state in respect of the custody of the same child ought to be avoided, and to make provision so that the courts of Ontario will, unless there are exceptional circumstances, refrain from exercising or decline jurisdiction in cases where it is more appropriate for the matter to be deter- mined by a tribunal having jurisdiction in another place with which the child has a closer connection; (c) to discourage the abduction of children as an alternative to the determination of custody rights by due process; and id) to provide for the more effective enforcement of custody and access orders and for the recognition and enforce- ment of custodv and access orders made outside Ontario. Father and mother entitled to custodv CUSTODY AND ACCESS 20. — (1) Except as otherwise provided in this Part, the father and the mother of a child are equally entitled to custody of the child. Rights and respon- sibilities Authority to act (2) A person entitled to custody of a child has the rights and responsibilities of a parent in respect of the person of the child and must exercise those rights and responsibilities in the best interests of the child. (3) Where more than one person is entitled to custody of a child, any one of them may exercise the rights and accept the respon- sibilities of a parent on behalf of them in respect of the child. Where parents separate (4) Where the parents of a child live separate and apart and the child lives with one of them with the consent, implied consent or acquiescence of the other of them, the right of the other to exercise the entitlement to custody and the incidents of custody, but not the entitlement to access, is suspended until a separation agreement or order otherwise provides. Access (5) The entidement to access to a child includes the right to visit with and be visited by the child and the same right as a parent to make inquiries and to be given information as to the health, education and welfare of the child. (6) The entitlement to custody of or access to a child terminates Marriage ,.-,,.,, of child on the marriage of the child. (7) Any entitlement to custody or access or incidents of custody Entitlement under this section is subject to alteration by an order of the court agreement oi or by separation agreement. °'''^*^'' 21. A parent of a child or any other person may apply to a Application court for an order respecting custody of or access to the child or determining any aspect of the incidents of custody of the child. 22. — (1) A court shall only exercise its jurisdiction to make an Jurisdiction order for custody of or access to a child where, (a) the child is habitually resident in Ontario at the com- mencement of the application for the order; {b) although the child is not habitually resident in Ontario, the court is satisfied, (i) that the child is physically present in Ontario at the commencement of the application for the order, (ii) that substantial evidence concerning the best interests of the child is available in Ontario, (iii) that no application for custody of or access to the child is pending before an extra-provincial tri- bunal in another place where the child is habitu- ally resident, (iv) that no extra-provincial order in respect of cus- tody of or access to the child has been recognized by a court in Ontario, (v) that the child has a real and substantial connec- tion with Ontario, and (vi) that, on the balance of convenience, it is appro- priate for jurisdiction to be exercised in Ontario. (2) A child is habitually resident in the place where he resided, Habitual residence (a) with both parents; ib) where the parents are living separate and apart, with one parent under a separation agreement or with the consent, implied consent or acquiescence of the other or under a court order; or 4 (c) with a person other than a parent on a permanent basis for a significant period of time, whichever last occurred. Abduction (3) The removal or withholding of a child without the consent of the person having custody of the child does not alter the habitu- al residence of the child unless there has been acquiescence or undue delay in commencing due process by the person from whom the child is removed or withheld. Serious harm to child 23. Notwithstanding sections 22 and 42, a court may exercise its jurisdiction to make or to vary an order in respect of the custody of or access to a child where. (a) the child is physically present in Ontario; and (b) the court is satisfied that the child would, on the balance of probabilities, suffer serious harm if, (i) the child remains in the custody of the person legally entitled to custody of the child, (ii) the child is returned to the custody of the person legally entitled to custody of the child, or (iii) the child is removed from Ontario. Merits of application for custody or access 24. — (1) The merits of an application under this Part in respect of custody of or access to a child shall be determined on the basis of the best interests of the child. Best interests of child (2) In determining the best interests of a child for the purposes of an application under this Part in respect of custody of or access to a child, a court shall consider all the needs and circumstances of the child including, (a) the love, affection and emotional ties between the child and, (i) each person entitled to or claiming custody of or access to the child, M (ii) other members of the child's family who reside with the child, and I (iii) persons involved in the care and upbringing of the child; (b) the views and preferences of the child, where such views and preferences can reasonably be ascertained; (c) the length of time the child has lived in a stable home environment; id) the ability and willingness of each person applying for custody of the child to provide the child with guidance and education, the necessaries of life and any special needs of the child; (e) any plans proposed for the care and upbringing of the child; (/) the permanence and stability of the family unit with which it is proposed that the child will live; and (g) the relationship by blood or through an adoption order between the child and each person who is a party to the application. (3) The past conduct of a person is not relevant to a determina- ^^^ tion of an application under this Part in respect of custody of or access to a child unless the conduct is relevant to the ability of the person to act as a parent of a child. 25. A court having jurisdiction under this Part in respect of Declining , II- ....... , . jurisdiction custody or access may declme to exercise its jurisdiction where it is of the opinion that it is more appropriate for jurisdiction to be exercised outside Ontario. 26. — (1) Where an application under this Part in respect of Delay custody of or access to a child has not been heard within six months after the commencement of the proceedings, the clerk or registrar of the court shall list the application for the court and give notice to the parties of the date and time when and the place where the court will fix a date for the hearing of the application. (2) At a hearing of a matter listed by the clerk or registrar in Directions accordance with subsection (1), the court by order may fix a date for the hearing of the application and may give such directions in respect of the proceedings and make such order in respect of the costs of the proceedings as the court considers appropriate. (3) Where the court fixes a date under subsection (2), the court Early date shall fix the earliest date that, in the opinion of the court, is compatible with a just disposition of the application. 2 7 . Where an action for divorce is commenced under the ^/^^^^^ °^ . ^^ divorce Divorce Act (Canada), any application under this Part in respect proceedings of custody of or access to a child that has not been determined is R s.c. 1970, c D-8 stayed except by leave of the court. CUSTODY AND ACCESS — ORDERS Powers of court 28. The court to which an appHcation is made under section 21, (a) by order may grant the custody of or access to the child to one or more persons; (b) by order may determine any aspect of the incidents of the right to custody or access; and (c) may make such additional order as the court considers necessary and proper in the circumstances. Order varying an order 29. A court shall not make an order under this Part that varies an order in respect of custody or access made by a court in Ontario unless there has been a material change in circumstances that affects or is likely to affect the best interests of the child. CUSTODY AND ACCESS — ASSISTANCE TO COURT Assessment of needs of child 30. — (1) The court before which an application is brought in respect of custody of or access to a child, by order, may appoint a person who has technical or professional skill to assess and report to the court on the needs of the child and the ability and willing- ness of the parties or any of them to satisfy the needs of the child. When order may be made Agreement by parties (2) An order may be made under subsection (1) on or before the hearing of the application in respect of custody of or access to the child and with or without a request by a party to the appHca- tion. (3) The court shall, if possible, appoint a person agreed upon by the parties, but if the parties do not agree the court shall choose and appoint the person. Consent to act (4) The court shall not appoint a person under subsection (1) unless the person has consented to make the assessment and to report to the court within the period of time specified by the court. Attendance for assessment (5) In an order under subsection (1), the court may require the parties, the child and any other person who has been given notice of the proposed order, or any of them, to attend for assessment by the person appointed by the order. Refusal to attend (6) Where a person ordered under this section to attend for assessment refuses to attend or to undergo the assessment, the court may draw such inferences in respect of the abihty and wiUingness of any person to satisfy the needs of the child as the court considers appropriate. (7) The person appointed under subsection (1) shall file his Report report with the clerk or registrar of the court. (8) The clerk or registrar of the court shall give a copy of the Copies of por child. report to each of the parties and to counsel, if any, representing the ^^^°^ (9) The report mentioned in subsection (7) is admissible in Admissibility evidence in the application. ° '^'^'^"'^ (10) Any of the parties, and counsel, if any, representing the Assessor child, may require the person appointed under subsection (1) to witness attend as a witness at the hearing of the application. (11) Upon motion, the court by order may give such directions Directions in respect of the assessment as the court considers appropriate. (12) The court shall require the parties to pay the fees and Fees and expenses of the person appointed under subsection (1). expenses (13) The court shall specify in the order the proportions or ifiem, amounts of the fees and expenses that the court requires each party or amounts to pay. (14) The court may relieve a party from responsibility for pay- Wem, ment of any of the fees and expenses of the person appointed under financial subsection (1) where the court is satisfied that payment would hardship cause serious financial hardship to the party. (15) The appointment of a person under subsection (1) does other expert not prevent the parties or counsel representing the child from submitting other expert evidence as to the needs of the child and the ability and willingness of the parties or any of them to satisfy the needs of the child. 31. — (1) Upon an application for custody of or access to a Mediation child, the court, at the request of the parties, by order may appoint a person selected by the parties to mediate any matter specified in the order. (2) The court shall not appoint a person under subsection (1) Consent unless the person, (a) has consented to act as mediator; and (b) has agreed to file a report with the court within the period of time specified by the court. 8 Duty of mediator (3) It is the duty of a mediator to confer with the parties and endeavour to obtain an agreement in respect of the matter. Form of report (4) Before entering into mediation on the matter, the parties shall decide whether, (a) the mediator is to file a full report on the mediation, including anything that the mediator considers relevant to the matter in mediation; or (b) the mediator is to file a report that either sets out the agreement reached by the parties or states only that the parties did not reach agreement on the matter. Filing of report (5) The mediator shall file his report with the clerk or registrar of the court in the form decided upon by the parties under subsec- tion (4). Copies of report (6) The clerk or registrar of the court shall give a copy of the report to each of the parties and to counsel, if any, representing the child. Admissions made in the course of mediation Fees and • expenses Idem, proportions or amounts (7) Where the parties have decided that the mediator's report is to be in the form described in clause (4) (b), evidence of any- thing said or of any admission or communication made in the course of the mediation is not admissible in any proceeding except with the consent of all parties to the proceeding in which the order was made under subsection (1). (8) The court shall require the parties to pay the fees and expenses of the mediator. (9) The court shall specify in the order the proportions or amounts of the fees and expenses that the court requires each party to pay. Idem, serious financial hardship Official Guardian's report R.S.O. 1980, c. 258 Further evidence (10) The court may relieve a party from responsibility for pay- ment of any of the fees and expenses of the mediator where the court is satisfied that payment would cause serious financial hardship to the party. 32. In an application under this Part in respect of a child, the court may require the Official Guardian to cause an investigation to be made and to report to the court upon all matters relating to the custody, support and education of the child, in which case section 1 of the Matrimonial Causes Act shall apply with neces- sary modifications and, for the purpose, the applicant shall be deemed to be the petitioner. I 33. — (1) Where a court is of the opinion that it is necessary to receive further evidence from a place outside Ontario before making a decision, the court may send to the Attorney General, Minister of Justice or similar officer of the place outside Ontario such supporting material as may be necessary together with a request, (a) that the Attorney General, Minister of Justice or similar officer take such action as may be necessary in order to require a named person to attend before the proper tribunal in that place and produce or give evidence in respect of the subject-matter of the application; and (b) that the Attorney General, Minister of Justice or similar officer or the tribunal send to the court a certified copy of the evidence produced or given before the tribunal. (2) A court that acts under subsection (1) may assess the cost of so Cost of :ting against one or more of the parties to deal with such cost as costs in the cause. acting against one or more of the parties to the application or may evidenc"^ 34. — (1) Where the Attorney General receives from an extra- Referral to provincial tribunal a request similar to that referred to in section ^"""^ 33 and such supporting material as may be necessary, it is the duty of the Attorney General to refer the request and the material to the proper court. (2) A court to which a request is referred by the Attorney Obtaining General under subsection (1) shall require the person named in the request to attend before the court and produce or give evidence in accordance with the request. CUSTODY AND ACCESS — ENFORCEMENT 35. — (1) Where an order is made for custody of or access to a Supervision child, a court may give such directions as it considers appropriate or access^ for the supervision of the custody or access by a person, a chil- dren's aid society or other body. (2) A court shall not direct a person, a children's aid society or Consent other body to supervise custody or access as mentioned in subsec- tion (1) unless the person, society or body has consented to act as supervisor. 36. Upon application, a court may make an order restraining Order any person from molesting, annoying or harassing the applicant or harassment a child in the lawful custody of the applicant and may require the respondent to enter into such recognizance, with or without sureties, or to post a bond as the court considers appropriate. 37. — (1) Where a court is satisfied upon application by a person Order where in whose favour an order has been made for custody of or access to tuiiy withheld 10 a child that there are reasonable and probable grounds for believ- ing that any person is unlawfully withholding the child from the applicant, the court by order may authorize the applicant or someone on his behalf to apprehend the child for the purpose of giving effect to the rights of the applicant to custody or access, as the case may be. Order to locate and take child (2) Where a court is satisfied upon application that there are reasonable and probable grounds for believing, (a) that any person is unlawfully withholding a child from a person entitled to custody of or access to the child; (b) that a person who is prohibited by court order or sep- aration agreement from removing a child from Ontario proposes to remove the child or have the child removed from Ontario; or Application without notice Duty to act (c) that a person who is entitled to access to a child pro- poses to remove the child or to have the child removed from Ontario and that the child is not likely to return, the court by order may direct the sheriff or a police force, or both, having jurisdiction in any area where it appears to the court that the child may be, to locate, apprehend and deliver the child to the person named in the order. (3) An order may be made under subsection (2) upon an applica- tion without notice where the court is satisfied that it is necessary that action be taken without dela}^ (4) The sheriff or police force directed to act by an order under subsection (2) shall do all things reasonably able to be done to locate, apprehend and deliver the child in accordance with the order. Entry and search Time (5) For the purpose of locating and apprehending a child in accordance with an order under subsection (2), a sheriff or a member of a police force may enter and search any place where he has reasonable and probable grounds for believing that the child may be with such assistance and such force as are reasonable in the circumstances. (6) An entry or a search referred to in subsection (5) shall be made only between 6 a.m. and 9 p.m. standard time unless the court, in the order, authorizes entry and search at another time. Expiration of order (7) An order made under subsection (2) shall name a date on which it expires, which shall be a date not later than six months after it is made unless the court is satisfied that a longer period of time is necessary in the circumstances. I 11 (8) An application under subsection (1) or (2) may be made in When ,. . ^ , , . application an application tor custody or access or at any other time. may be made 38. — (1) Where a court, upon application, is satisfied upon Application reasonable and probable grounds that a person prohibited by imiawfui" court order or separation agreement from removing a child from ,7f'{!f|^j^' Ontario proposes to remove the child from Ontario, the court in order to prevent the removal of the child from Ontario may make an order under subsection (3). (2) Where a court, upon application, is satisfied upon reason- Application able and probable grounds that a person entitled to access to a return of child proposes to remove the child from Ontario and is not likely to ^^^^'^ return the child to Ontario, the court in order to secure the prompt, safe return of the child to Ontario may make an order under subsection (3). (3) An order mentioned in subsection (1) or (2) may require a ^^'^^^ person to do any one or more of the following: 1 . Transfer specific property to a named trustee to be held subject to the terms and conditions specified in the order. 2. Where payments have been ordered for the support of the child, make the payments to a specified trustee sub- ject to the terms and conditions specified in the order. 3. Post a bond, with or without sureties, payable to the applicant in such amount as the court considers appro- priate. 4. Deliver the person's passport, the child's passport and any other travel documents of either of them that the court may specify to the court or to an individual or body specified by the court. (4) A provincial court (family division) shall not make an Wem, 1 r ^ • / \ provincial order under paragraph 1 of subsection (3). court (family division) (5) In an order under paragraph 1 of subsection (3), the court ^'^'j'"* may specify terms and conditions for the return or the disposition conditions of the property as the court considers appropriate. (6) A court or an individual or body specified by the court in an Safekeeping order under paragraph 4 of subsection (3) shall hold a passport or travel document delivered in accordance with the order in safekeeping in accordance with any directions set out in the order. 12 Directions Contempt of orders of provincial court (family division) Conditions of imprisonment Information as to address (7) In an order under subsection (3), a court may give such directions in respect of the safekeeping of the property, payments, passports or travel documents as the court considers appropriate. 39. — (1) In addition to its powers in respect of contempt, every provincial court (family division) may punish by fine or impris- onment, or both, any wilful contempt of or resistance to its process or orders in respect of custody of or access to a child, but the fine shall not in any case exceed $1,000 nor shall the imprisonment exceed ninety days. (2) An order for imprisonment under subsection ( 1) may be made conditional upon default in the performance of a condition set out in the order and may provide for the imprisonment to be served intermittently. 40. — (1) Where, upon application to a court, it appears to the court that, Exception (a) for the purpose of bringing an application in respect of custody or access under this Part; or (b) for the purpose of the enforcement of an order for cus- tody or access, the proposed applicant or person in whose favour the order is made has need to learn or confirm the whereabouts of the pro- posed respondent or person against whom the order referred to in clause (b) is made, the court may order any person or public body to provide the court with such particulars of the address of the proposed respondent or person against whom the order referred to in clause (b) is made as are contained in the records in the custody of the person or body, and the person or body shall give the court such particulars as are contained in the records and the court may then give the particulars to such person or persons as the court consid- ers appropriate. (2) A court shall not make an order on an application under subsection (1) where it appears to the court that the purpose of the application is to enable the applicant to identify or to obtain particulars as to the identity of a person who has custody of a child, rather than to learn or confirm the whereabouts of the proposed respondent or the enforcement of an order for custody or access. Compliance with order (3) The giving of information in accordance with an order under subsection (1) shall be deemed for all purposes not to be a contravention of any Act or regulation or any common law rule of confidentiality. Section binds Crown (4) This section binds the Crown in right of Ontario. 13 CUSTODY AND ACCESS — EXTRA-PROVINCIAL MATTERS 41. Upon application, a court, interim powers of court (a) that is satisfied that a child has been wrongfully removed to or is being wrongfully retained in Ontario; or (b) that may not exercise jurisdiction under section 22 or that has declined jurisdiction under section 25 or 43, may do any one or more of the following: 1. Make such interim order in respect of the custody or access as the court considers is in the best interests of the child. 2. Stay the application subject to, i. the condition that a party to the application promptly commence a similar proceeding before an extra-provincial tribunal, or ii. such other conditions as the court considers appropriate. 3. Order a party to return the child to such place as the court considers appropriate and, in the discretion of the court, order payment of the cost of the reasonable travel and other expenses of the child and any parties to or witnesses at the hearing of the application. 42. — (1) Upon application by any person in whose favour an Enforcement order for the custody of or access to a child has been made by an provincial extra-provincial tribunal, a court shall recognize the order unless °^^^^^ the court is satisfied, (a) that the respondent was not given reasonable notice of the commencement of the proceeding in which the order was made; (b) that the respondent was not given an opportunity to be heard by the extra-provincial tribunal before the order was made; (c) that the law of the place in which the order was made did not require the extra-provincial tribunal to have regard for the best interests of the child; (d) that the order of the extra-provincial tribunal is contrary to public policy in Ontario; or 14 (e) that, in accordance with section 22, the extra-provincial tribunal would not have jurisdiction if it were a court in Ontario. Effect of recognition of order (2) An order made by an extra-provincial tribunal that is recog- nized by a court shall be deemed to be an order of the court and enforceable as such. Conflicting orders (3) A court presented with conflicting orders made by extra- provincial tribunals for the custody of or access to a child that, but for the conflict, would be recognized and enforced by the court under subsection (1) shall recognize and enforce the order that appears to the court to be most in accord with the best interests of the child. Further orders (4) A court that has recognized an extra-provincial order may make such further orders under this Part as the court considers necessary to give effect to the order. Superseding order, material change in circumstances 43. — (1) Upon application, a court by order may supersede an extra-provincial order in respect of custody of or access to a child where the court is satisfied that there has been a material change in circumstances that affects or is likely to affect the best interests of the child and, (a) the child is habitually resident in Ontario at the com- mencement of the application for the order; or (b) although the child is not habitually resident in Ontario, the court is satisfied, (i) that the child is physically present in Ontario at the commencement of the application for the order, (ii) that the child no longer has a real and substantial connection with the place where the extra-pro- vincial order was made, (iii) that substantial evidence concerning the best interests of the child is available in Ontario, (iv) that the child has a real and substantial connec- tion with Ontario, and Declining jurisdiction (v) that, on the balance of convenience, it is appro- priate for jurisdiction to be exercised in Ontario. (2) A court may decline to exercise its jurisdiction under this section where it is of the opinion that it is more appropriate for jurisdiction to be exercised outside Ontario. IS 44. Upon application, a court by order may supersede an extra- Superseding provincial order in respect of custody of or access to a child if the serious court is satisfied that the child would, on the balance of prob- ^'^™ ability, suffer serious harm if, (a) the child remains in the custody of the person legally entitled to custody of the child; (b) the child is returned to the custody of the person entitled to custody of the child; or (c) the child is removed from Ontario. 45 . A copy of an extra-provincial order certified as a true copy "^rue copy by a judge, other presiding officer or registrar of the tribunal that provincial made the order or by a person charged with keeping the orders of °^^^^ the tribunal isprima facie evidence of the making of the order, the content of the order and the appointment and signature of the judge, presiding officer, registrar or other person. 46. For the purposes of an application under this Part, a court c?"'"* ""^y , ... . . - , r r 1 1 ^^'^^ notice may take notice, without requiring lormal proof, of the law of foreign of a jurisdiction outside Ontario and of a decision of an extra- ''^^ provincial tribunal. 47. — (1) In this section, "convention" means the Convention interpre- on the Civil Aspects of International Child Abduction, set out in the Schedule to this section. (2) On, from and after the date the convention enters into Convention force in respect of Ontario as set out in Article 43 of the conven- Aspects of tion, except as provided in subsection (3), the convention is in [,"j^^|]^"^''°"^' force in Ontario and the provisions thereof are law in Ontario. Abduction (3) The Crown is not bound to assume any costs resulting Exception under the convention from the participation of legal counsel or advisers or from court proceedings except in accordance with the Legal Aid Act. f'fS'^'^^^' (4) The Ministry of the Attorney General shall be the Central Central ..•^. -^ . Authority Authority tor Ontario for the purpose of the convention. (5) An application may be made to a court in pursuance of a Application . , 11-. 1 , • to court right or an obligation under the convention. (6) The Attorney General shall request the Government of f^'^^^^f Canada to submit a declaration to the Ministry of Foreign Affairs convention 16 Publication of date of the Kingdom of the Netherlands, declaring that the conven- tion extends to Ontario. (7) The Attorney General shall publish in The Ontario Gazette the date the convention comes into force in Ontario. Regulations Conflict (8) The Lieutenant Governor in Council may make such regulations as he considers necessary to carry out the intent and purpose of this section. (9) Where there is a conflict between this section and any other enactment, this section prevails. SCHEDULE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION The States signatory to the present Convention, Firmly convinced that the interests of children are of paramount importance in matters relating to their custody, Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access, Have resolved to conclude a Convention to this effect and have agreed upon the following provisions: CHAPTER I — SCOPE OF THE CONVENTION Article 1 The objects of the present Convention are: (a) to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and (b) to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States. Article 2 Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most expeditious procedures available. Article 3 The removal or the retention of a child is to be considered wrongful where: (a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and 17 (b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention. The rights of custody mentioned in sub-paragraph (a) above, may arise in particular by operation of law or by reason of a judicial or administrative deci- sion, or by reason of an agreement having legal effect under the law of that State. Article 4 The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years. Article 5 For the purposes of this Convention: (a) 'rights of custody' shall include rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence; {b) 'rights of access' shall include the right to take a child for a limited period of time to a place other than the child's habitual residence. CHAPTER II — CENTRAL AUTHORITIES Article 6 A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities. Federal States, States with more than one system of law or States having autonomous territorial organizations shall be free to appoint more than one Cen- tral Authority and to specify the territorial extent of their powers. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which applications may be addressed for transmission to the appro- priate Central Authority within that State. Article 7 Central Authorities shall co-operate with each other and promote co-opera- tion amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of this Convention. In particular, either directly or through any intermediary, they shall take all appropriate measures: (a) to discover the whereabouts of a child who has been wrongfully removed or retained; (b) to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures; (c) to secure the voluntary return of the child or to bring about an amicable resolution of the issues; (d) to exchange, where desirable, information relating to the social background of the child; 18 (e) to provide information of a general character as to the law of their State in connection with the application of the Convention; (/) to initiate or facilitate the institution of judical or administrative pro- ceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organizing or securing the effective exercise of rights of access; (g) where the circumstances so require, to provide or facilitate the provi- sion of legal aid and advice, including the participation of legal counsel and advisers; (h) to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child; (i) to keep each other informed with respect to the operation of this Convention and, as far as possible, to eliminate any obstacles to its application. CHAPTER III— RETURN OF CHILDREN Article 8 Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child's habitual residence or to the Central Authority of any other Con- tracting State for assistance in securing the return of the child. The application shall contain: (a) information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child; {b) where available, the date of birth of the child; (c) the grounds on which the applicant's claim for return of the child is based; (d) all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be. The application may be accompanied or supplemented by: (e) an authenticated copy of any relevant decision or agreement; (/) a certificate or an affidavit emanating from a Central Authority, or other competent authority of the State of the child's habitual residence, or from a qualified person, concerning the relevant law of that State; (g) any other relevant document. Article 9 If the Central Authority which receives an application referred to in Article 8 has reason to believe that the child is in another Contracting State, it shall directly and without delay transmit the application to the Central Authority of that Contracting State and inform the requesting Central Authority, or the appli- cant, as the case may be. 19 Article 10 The Central Authority of the State where the child is shall take or cause to be taken all appropriate measures in order to obtain the voluntary return of the child. Article 11 The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children. If the judicial or administrative authority concerned has not reached a deci- sion within six weeks from the date of commencement of the proceedings, the applicant or the Central Authority of the requested State, on its own initiative or if asked by the Central Authority of the requesting State, shall have the right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be. Article 12 Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith. The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment. Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child. Article 13 Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return estab- lishes that: (a) the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or (b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views. In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other com- petent authority of the child's habitual residence. 20 Article 14 In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or adminis- trative decisions, formally recognized or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable. Article IS The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State. The Central Authorities of the Contracting States shall so far as practicable assist applicants Jto obtain such a decision or determination. Article 16 After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice. Article 17 The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that deci- sion in applying this Convention. Article 18 The provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time. Article 19 A decision under this Convention concerning the return of the child shall not be taken to be a determination on the merits of any custody issue. Article 20 The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms. CHAPTER IV — RIGHTS OF ACCESS Article 21 An application to make arrangements for organizing or securing the effective exercise of rights of access may be presented to the Central Authorities of the Contracting States in the same way as an application for the return of a child. 21 The Central Authorities are bound by the obhgations of co-operation which are set forth in Article 7 to promote the peaceful enjoyment of access rights and the fulfilment of any conditions to which the exercise of those rights may be subject. The Central Authorities shall take steps to remove, as far as possible, all obstacles to the exercise of such rights. The Central Authorities, either directly or through intermediaries, may initiate or assist in the institution of proceedings with a view to organizing or protecting these rights and securing respect for the conditions to which the exer- cise of these rights may be subject. CHAPTER V — GENERAL PROVISIONS Article 22 No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in the judicial or administrative proceedings falling within the scope of this Convention. Article 23 No legalization or similar formality may be required in the context of this Convention. Article 24 Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English. However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority. Article 25 Nationals of the Contracting States and persons who are habitually resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid and advice in any other Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State. Article 26 Each Central Authority shall bear its own costs in applying this Convention. Central Authorities and other public services of Contracting States shall not impose any charges in relation to applications submitted under this Convention. In particular, they may not require any payment from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers. However, they may require the pay- ment of the expenses incurred or to be incurred in implementing the return of the child. However, a Contracting State may, by making a reservation in accordance with Article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice. 22 Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child. Article 27 When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forth- with inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons. Article 28 A Central Authority may require that the application be accompanied by a written authorization empowering it to act on behalf of the applicant, or to designate a representative so to act. Article 29 This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention. Article 30 Any application submitted to the Central Authorities or directly to the judi- cial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States. Article 31 In relation to a State which in matters of custody of children has two or more systems of law applicable in different territorial units: (a) any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State; (ft) any reference to the law of the State of habitual residence shall be construed as referring to the law of the territorial unit in that State where the child habitually resides. Article 32 In relation to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State. Article 33 A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified system of law would not be bound to do so. 23 Article 34 This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organizing access rights. Article 35 This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States. Where a declaration has been made under Article 39 or 40, the reference in the preceding paragraph to a Contracting State shall be taken to refer to the territorial unit or units in relation to which this Convention applies. Article 36 Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves to derogate from any provisions of this Convention which may imply such a restriction. CHAPTER VI — FINAL CLAUSES Article 37 The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Article 38 Any other State may accede to the Convention. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The Convention shall enter into force for a State acceding to it on the first day of the third calendar month after the deposit of its instrument of accession. The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands; this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States. The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession on the first day of the third calendar month after the deposit of the declaration of acceptance. 24 Article 39 Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect at the time the Convention enters into force for that State. Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. Article 40 If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declara- tion at any time. Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies. Article 41 Where a Contracting State has a system of government under which execu- tive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State. Article 42 Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 39 or 40, make one or both of the reservations provided for in Article 24 and Article 26, third paragraph. No other reservation shall be permitted. Any State may at any time withdraw a reservation it has made. The with- drawal shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The reservation shall cease to have effect on the first day of the third calen- dar month after the notification referred to in the preceding paragraph. Article 43 The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in Articles 37 and 38. Thereafter the Convention shall enter into force: 1. for each State ratifying, accepting, approving or acceding to it sub- sequently, on the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession; 2. for any territory or territorial unit to which the Convention has been extended in conformity with Article 39 or 40, on the first day of the third calendar month after the notification referred to in that Article. 25 Article 44 The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 43 even for States which subsequently have ratified, accepted, approved it or acceded to it. If there has been no denunciation, it shall be renewed tacitly every five years. Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies. The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States. Article 45 The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States Members of the Conference, and the States which have acceded in accordance with Article 38, of the following: 1. the signatures and ratifications, acceptances and approvals referred to in Article 37; 2. the accessions referred to in Article 38; 3. the date on which the Convention enters into force in accordance with Article 43; 4. the extensions referred to in Article 39; 5. the declarations referred to in Articles 38 and 40; 6. the reservations referred to in Article 24 and Article 26, third para- graph, and the withdrawals referred to in Article 42; 7. the denunciations referred to in Article 44. Done at The Hague, on the 25th day of October, 1980. GUARDIANSHIP 48. — (1) Upon application, by a parent of a child or any other Appointment person, a court may appoint a guardian of the property of the" ^"" '^" child. (2) A guardian of the property of a child has charge of and is Responsibility •1 1 r 1 f f J o of guardian responsible for the care and management of the property of the child. 49. — (1) As between themselves and subject to any court order ^^^Jj-^^^^^ or any agreement between them, the parents of a child are equally entitled to be appointed "by a court as guardians of the property of the child. (2) As between a parent of a child and a person who is not a Parent and parent of the child, the parent has a preferential entitlement to be " ^"^ ^^'^*°" appointed by a court as a guardian of the property of the child. 26 More than one guardian Guardians jointly responsible (3) A court may appoint more than one guardian of the prop- erty of a child. (4) Where more than one guardian is appointed of the prop- erty of a child, the guardians are jointly responsible for the care and management of the property of the child. Criteria Effect of appointment Payment of debt due to child 50. In deciding an application for the appointment of a guar- dian of the property of a child, the court shall consider all the circumstances, including, (a) the ability of the applicant to manage the property of the child; (b) the merits of any plans proposed by the applicant for the care and management of the property of the child; and (c) the views and preferences of the child, where such views and preferences can reasonably be ascertained. 5 1 . The appointment of a guardian by a court under this Part has effect in all parts of Ontario. 52. — (1) Where a person is under a duty to pay money or deliver personal property to a child and no guardian of the prop- erty of the child has been appointed, the payment of not more than $2,000 or the delivery of the personal property to a value of not more than $2,000 in a year to, (a) the child, if the child is married; (b) a parent with whom the child resides; or Money payable under judgment Receipt for payment Responsibility for money or property (c) a person who has lawful custody of the child, discharges the duty to the extent of the amount paid or the value of the personal property delivered, but the total amount paid, or total value of property delivered, under this subsection in respect of the same obligation shall not exceed $5,000. (2) Subsection (1) does not apply in respect of money payable under a judgment or order of a court. (3) A receipt or discharge for money or personal property not in excess of the amount or value set out in subsection (1) received for a child by a parent with whom the child resides or a person who has lawful custody of the child has the same validity as if a court had appointed the parent or the person as a guardian of the property of the child. (4) A parent with whom a child resides or a person who has lawful custody of a child who receives and holds money or person- al property referred to in subsection (1) has the responsibility of a 27 guardian for the care and management of the money or personal property. 53. A guardian of the property of a child may be required to Accounts account or may voluntarily pass his accounts in respect of his care and management of the property of the child in the same manner as a trustee under a will may be required to account or may pass his accounts in respect of his trusteeship. 54. A guardian of the property of a child shall transfer to the Transfer of lild all property of the child in the care of the child attains the age of eighteen years. child all property of the child in the care of the guardian when child" ^ 55 . A guardian of the property of a child is entitled to payment Management of a reasonable amount for his fees for and expenses of manage- expenses ment of the property of the child. 56. — (1) A court that appoints a guardian of the property of a g°"rdian child shall require the guardian to post a bond, with or without sureties, payable to the child in such amount as the court consid- ers appropriate in respect of the care and management of the property of the child. (2) Subsection (1) does not apply where the court appoints a where parent parent of a child as guardian of the property of the child and the gu^dLn court is of the opinion that it is appropriate not to require the parent to post a bond. 57. Upon application by a married child, the court that Where child appointed a guardian of the property of the child or a co-ordinate court by order shall end the guardianship for the child. 58. — (1) A guardian of the property of a child may be removed Removal of by a court for the same reasons for which a trustee may be removed. (2) A guardian of the property of a child, with the permission Resignation r , • ^ • rr- i i • • i o' guardian 01 a court, may resign his office upon such conditions as the court considers appropriate. 59. A notice of every application to a court for appointment of Notice to a guardian of the property of a child shall be transmitted by the cierk for registrar or clerk of the court to the Surrogate Clerk for Ontario. 0"^^"° DISPOSITION OF PROPERTY 60. — (1) Upon application by the parent of a child or any other court"^^ person, the Supreme Court by order may require or approve, or order re hnth property DO'^'l' of child 28 (a) the disposition or encumbrance of all or part of the interest of the child in land; (b) the sale of the interest of the child in personal property; or (c) the payment of all or part of any money belonging to the child or of the income from any property belonging to the child, or both. Criteria Conditions (2) An order shall be made under subsection (1) only where the Supreme Court is of the opinion that the disposition, encumb- rance, sale or payment is necessary or proper for the support or education of the child or will substantially benefit the child. (3) An order under subsection (1) may be made subject to such conditions as the Supreme Court considers appropriate. Limitation Execution of documents (4) The Supreme Court shall not require or approve a disposi- tion or encumbrance of the interest of a child in land contrary to a term of the instrument by which the child acquired the interest. (5) The Supreme Court, where it makes an order under subsec- tion (1), may order that the child or another person named in the order execute any documents necessary to carry out the disposi- tion, encumbrance, sale or payment. Directions (6) The Supreme Court by order may give such directions as it considers necessary for the carrying out of an order made under subsection (1). Validity of documents (7) Every document executed in accordance with an order under this section is as effectual as if the child by whom it was executed was eighteen years of age or, if executed by another person in accordance with the order, as if the child had executed it and had been eighteen years of age at the time. Liability Order for maintenance where power of appointment in favour of children (8) No person incurs or shall be deemed to incur liability by making a payment in accordance with an order under clause (1) (0. j 61. — (1) Upon application by or with the consent of a person who has an estate for life in property with power to devise or appoint the property to one or more of his children, the Supreme Court may order that such part of the proceeds of the property as the Supreme Court considers proper be used for the support, education or benefit of one or more of the children. Idem (2) An order may be made under subsection (1) whether or not. 29 (a) there is a gift over in the event that there are no children to take under the power; or (b) any person could dispose of the property in the event that there are no children to take under the power. TESTAMENTARY CUSTODY AND GUARDIANSHIP 62. — (1) A person entitled to custody of a child may appoint by Custody, 1 1 r 1 1 •! 1 r appointment Will one or more persons to have custody of the child after the by win death of the appointor. (2) A guardian of the property of a child may appoint by will Guardianship, 1 !• ri ,-.1., 1 appointment one or more persons to be guardians of the property of the child by win after the death of the appointor. (3) An unmarried parent who is a minor may make an Appomtment appointment mentioned in subsection (1) or (2) by a written ^™"°'' appointment signed by the parent. (4) An appointment under subsection (1), (2) or (3) is effective only, Limitation (a) if the appointor is the only person entitled to custody of the child or who is the guardian of the property of the child, as the case requires, on the day immediately before the appointment is to take effect; or {b) if the appointor and any other person entitled to cus- tody of the child or who is the guardian of the property of the child, as the case requires, die at the same time or in circumstances that render it uncertain which sur- vived the other. (5) Where two or more persons are appointed to have custody where of or to be guardians of the property of a child by appointors who one die as mentioned in clause (4) (b), only the appointments of the appointment persons appointed by both or all of the appointors are effective. (6) No appointment under subsection (1), (2) or (3) is effective Consent of without the consent of the person appointed. (7) An appointment under subsection (1), (2) or (3) for custody Expiration of a child or guardianship of the property of a child expires ninety appointment days after the appointment becomes effective or, where the appointee applies under this Part for custody of the child or guardianship of the property of the child within the ninety-day period, when the application is disposed of. (8) An appointment under this section does not apply to pre- Application vent an application for or the making of an order under section under 21 or 48. ss. 21,48 30 Application Joinder of proceedings R.S.O. 1980 c. ]^2 Nature of order (9) This section applies in respect of, (a) any will made on or after the day this section comes into force; and {b) any will made before the day this section comes into force, if the testator is living on the day this section comes into force. PROCEDURE 63. — (1) An application under this Part may be made in the same proceeding and in the same manner as an application under the Family Law Reform Act, or in another proceeding. (2) An application under this Part may be an original applica- tion or for the variance of an order previously given or to super- sede an order of an extra-provincial tribunal. Parties (3) The parties to an application under this Part in respect of a child shall include, (a) the mother and the father of the child; (b) a person who has demonstrated a settled intention to treat the child as a child of his or her family; (c) a person who had the actual care and upbringing of the child immediately before the application; and (d) any other person whose presence as a party is necessary to determine the matters in issue. Combining of applications (4) Where, in an application under this Part, it appears to the court that it is necessary or desirable in the best interests of the child to have other matters first or simultaneously determined, the court may direct that the application stand over until such other proceedings are brought or determined as the court considers appropriate, subject to section 26. Where identity of father not known Application or response by minor (5) Where there is no presumption of paternity and the identity of the father is not known or is not reasonably capable of being ascertained, the court may order substituted service or may dis- pense with service of documents upon the father in the proceed- ing. 64. — (1) A minor who is a spouse may make an application under this Part without a next friend and may respond without a guardian ad litem. Consent by minor (2) A consent in respect of a matter provided for by this Part is not invalid by reason only that the person giving the consent is a minor. 31 65. — (1) In considering an application under this Part, a child court where possible shall take into consideration the views and to be preferences of the child to the extent that the child is able to ^^'^^^ express them. (2) The court may interview the child to determine the views interview and preferences of the child. ^ '^°^^ (3) The interview shall be recorded. Recording (4) The child is entitled to be advised by and to have his Counsel counsel, if any, present during the interview. 66. Nothing in this Part abrogates the right of a child of six- where child teen or more years of age to withdraw from parental control. or more years old 67. Except as otherwise provided, where an application is ^^^ , . , . , proceedings made to a court under this Part, no person who is a party to the in one court proceeding shall make an application under this Part to any other court in respect of a matter in issue in the proceeding, but the court may order that the proceedings be transferred to a court having other jurisdiction where, in the opinion of the court, the court having other jurisdiction is more appropriate to determine the matters in issue that should be determined at the same time. 68. The court may exclude the public from a hearing, or any Closed part thereof, where, in the opinion of the presiding judge, the desirability of protecting against the consequences of possible disclosure of intimate financial or personal matters outweighs the desirability of holding the hearing in public and the court by order may prohibit the publication of any matter connected with the application or given in evidence at the hearing. 69. — (1) Upon the consent of the parties in an application under Consent this Part, the court may make any order that the court is otherwise empowered to make by this Part, subject to the duty of the court to have regard to the best interests of the child. (2) Any matter provided for in this Part and in a domestic incorporation contract as defined in the Family Law Reform Act may be incor- in order porated in an order made under this Part. r.s.o. iqso, ^ c. 152 70. Where a domestic contract as defined in the Family Law ^^^^ subject . to contracts Reform Act makes provision in respect of a matter that is pro- vided for in this Part, the contract prevails except as otherwise provided in Part IV of the Family Law Reform Act. 7 1 . This Part does not deprive the Supreme Court of its parens Jurisdiction patriae jurisdiction. Supreme Court 32 Surrogate court 72. Where, in a proceeding in respect of an estate, an issue arises with respect to the custody of, access to or guardianship of the property of a child, a surrogate court may exercise the juris- diction of a court under this Part. Order made under R.S.O. 1980, c. 292 73. An application to vary an order made by a surrogate court under the Minors Act shall be made to a county or district court. Place of application for interim order 74. — (1) An application for an interim order shall be made to the court in which the original proceeding was taken. Place of application to vary order (2) An application under this Part to vary an order may be made to the court in which the original proceeding was taken or to a co-ordinate court in another part of Ontario. Interim order 75. In a proceeding under this Part, the court may make such interim order as the court considers appropriate. Appeal from provincial court (family division) 76. An appeal from an order of a provincial court (family division) under this Part lies to the county or district court in the county or district in which the provincial court (family division) is situated. Order effective pending appeal 77. An order under this Part is effective notwithstanding that an appeal is taken from the order, unless the court that made the order or the court to which the appeal is taken orders otherwise. Rule of construction 78. — (1) For the purposes of construing any instrument, Act or regulation, unless the contrary intention appears, a reference to a guardian with respect to the person of a child shall be construed to refer to custody of the child and a reference to a guardian with respect to property of a child shall be construed to refer to guar- dianship of the property of the child. Application (2) Subsection (1) applies to any instrument, any Act of the Legislature or any regulation, order or by-law made under an Act of the Legislature enacted or made before, on or after the day this section comes into force. Application of Part to order under R.S.O. 1980, cc. 292, 152; R.S.O. 1970, c. 128 79. This Part applies to an outstanding order for custody or guardianship of or access to a child made under the Minors Act (repealed by section 4 of the Children's Law Reform Amendment Act, 1981), the Family Law Reform Act or The Deserted Wives^ and Children's Maintenance Act (repealed by The Family Law Reform Act, 1978) as if the order were made under this Part. 33 COMPLEMENTARY AMENDMENTS 2.— (1) Paragraph 22 of subsection 1 (1) oi the Education Act, being RS.o. i98o, chapter 129, is repealed and the following substituted there- s i (i), par for: 22, ' re-enacted 22 . "guardian" means a person who has lawful custody of a child, other than the parent of the child. (2) Section 17 of the said Act is amended by striking out "in law" * i^- in the second line and inserting in lieu thereof "in section 1" and by striking out "or legal custody" in the fifth line. 3. — (1) Subsection 20 (1) of the Family Law Reform Act, being chap- RS.o. i98o, ter 152 of the Revised Statutes of Ontario, 1980, is amended s. 20 (i), by striking out "or custody" in the third line. amended (2) Clause 26(1) (b) of the said Act is amended by striking out «■ ^6 U) (ft). ,, , „ • 1 11- amended custody or access m the second Ime. (3) Section 35 of the said Act is repealed and the following sub- ^^ ^^'^^^^ stituted therefor: 35. An application for custody or access under the Children's Joinder of Law Reform Act may be joined with an application under this ^^^ j^g^ Act, but the court may direct that an application for support c. 68 stand over until an application for custody has been determined. 4.— (1) The Minors Act, being chapter 292 of the Revised Statutes of RS^O- i^so, Ontario, 1980, is repealed. repealed (2) Where an application is made under the Minors Act or under ^/'p'{j'^^^'^(°!|' section 35 of the Family Law Reform Act before subsection (1) to proceeding comes into force and no evidence has been heard in the pro- Commenced ceeding before subsection (1) comes into force, other than in respect of an interim order, the application shall be deemed to be an application under the Children's Law Reform Act, subject to such directions as the- court considers appropriate. (3) Where an application referred to in subsection (2) is com- where ,. . , proceedmg menced in a surrogate court, the county or district court that in surrogate has jurisdiction or, in the Judicial District of Hamilton- '^""''^ Wentworth, the Unified Family Court may order that the proceeding be removed to such county or district court or to the Unified Family Court, as the case may be, subject to such directions as the court considers appropriate. 34 R.S.O. 1980, c. 515 Sched., amended 5. The Schedule to the Unified Family Court Act, being chapter 515 of the Revised Statutes of Ontario, 1980, is amended by adding thereto the following: ''Children's Law Reform Act All, except sections 60 and 61". Commence- ment 6. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor. Short title 7. The short title of this Act is the Children's Law Reform Amend- ment Act, 1982. H X M si O *^ 3 O H 5 c Oo r\j s ^ >-t S n Pi- n fi- 00 ^ >i C^ a ? a jj" ;:i - &- ?i- ^^. *^. h- ' s H- ' s vO ore. o c^ 00 00 00 Pi S 0^ o 5t > 3 > wr t^ (-<- P o ^ p >d 3 (T> 3 3 3- n > BILL 126 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Liquor Control Act Mr. Samis TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The purpose of the Bill is to enable independent grocery store owners to sell beer. BILL 126 1982 An Act to amend the Liquor Control Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 1 of the Liquor Control Act, being chapter 243 of the ^ '• Revised Statutes of Ontario, 1980, is amended by adding thereto the following clause: {ca) "independent grocery store owner" means a person who owns a store at which the principal business is the sale of foodstuffs and who does not own or, under the terms of an agreement, participate in a chain or franchise undertaking consisting of more than three other grocery stores. 2. Section 3 of the said Act is amended by adding thereto the follow- ^^' , , amended mg clause: (fia) to authorize independent grocery store owners to sell beer from their grocery stores and to regulate their keeping for sale, sale and delivery of beer. 3. This Act comes into force on the day it receives Royal Assent. Commence- 4. The short title of this Act is the Liquor Control Amendment Act, Short title 1982. bo ^3 2 0^ 0^ 05 •-1 v: >a r-t- «i ty a a. *^, H-* s VO 0^ > 3 3 X5 c o 1-1 n o 3 ii > BILL 127 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Municipality of Metropolitan Toronto Act The Hon. B. Stephenson Minister of Education and Minister of Colleges and Universities TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill contains amendments related to education. Section 1. Section 116 is the interpretation section for Part VIII. The additions are complementary to new section 130a and following of the Act, set out in the Bill. BILL 127 1982 An Act to amend the Municipality of Metropolitan Toronto Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) Section 116 oi the Municipality of Metropolitan Toronto Act, ^ ii6, being chapter 314 of the Revised Statutes of Ontario, 1980, is amended, (a) by relettering clauses (a) and (b) as (bb) and {be); and (b) by adding thereto the following clauses: (a) "boards" means the School Board and the boards of education ; (b) "boards of education" means the following: 1 . The Board of Education for the Borough of East York. 2. The Board of Education for the Borough of Etobicoke. 3. The Board of Education for the City of North York. 4. The Board of Education for the Borough of Scar- borough. 5. The Board of Education for the City of Toronto. 6. The Board of Education for the Borough of York; (ba) "elementary school teacher" means a teacher who is a member of, (i) L'Association des Enseignants Franco- Ontariens, if the major portion of the teacher's teaching assignment is at the elementary school level. (ii) The Federation of Women Teachers' Associa- tions of Ontario, or (iii) The Ontario Public School Men Teachers' Fed- eration; (/) "secondary school teacher" means a teacher who is a member of, (i) L'Association des Enseignants Franco- Ontariens, if less than the major portion of the teacher's teaching assignment is at the elemen- tary school level, or (ii) The Ontario Secondary School Teachers' Fed- eration. s. 116, amended (2) The said section 116 is further amended by adding thereto the following subsection: Interpre- tation R.S.O. c. 464 1980, (2) In this Part, (a) "agreement" (in relation to the employment of teachers), "branch affiliate" and "teacher" have the same meanings as in the School Boards and Teachers Collective Negotiations Act; and R.S.O. 1980, c. 129 s. 118 (4), re-enacted {h) "elementary school" and "secondary school" have the same meanings as in the Education Act. 2. Subsection 118 (4) of the said Act is repealed and the following substituted therefor: Election and term of office (4) The election of members of the boards of education shall be conducted by the same officers and in the same manner as elections of members of the council of a municipality. s. 121 (3), amended 3. Subsection 121 (3) of the said Act is amended by striking out "or otherwise participate" in the seventh line. s. 12411), re-enacted Subsection 124 (1) of the said Act is repealed and the following substituted therefor: Quorum voting (1) Ten members of the School Board are necessary to form a quorum when the School Board is dealing with matters that affect public schools exclusively and eleven members of the School Board are necessary to form a quorum in all other cases, and the concurring votes of a majority of the members of the Section 2. Subsection 1 18 (4) of the Act now provides for a two-year term of office. The effect of the amendment is that the term of office will be governed by the Municipal Elections Act. Section 3. The subsection proposed to be amended is set out below showing underlined the words to be deleted: (3) The Board of Education for the Borough of East York, The Board of Education for the Borough of Etobicoke and The Board of Education for the Borough of York may each appoint one of its members as an alternate member of the School Board, and such alternate member may attend the meetings of the School Board and of its committees, but shall not vote or othencise participate in the meetings of the School Board or of its committees except in the absence of the chairman of the board of education to which such member belongs or of the member appointed in place of the chairman under subsection (6). The effect of the amendment will be to permit an alternate member of The Metropolitan Toronto School Board to participate in meetings of the School Board or of its committees that he attends; the prohibition against an alternate member voting is retained. Section 4. The effect of the re-enactment of the subsection is to increase from eight to ten the number of members required to form a quorum when the School Board is dealing with matters affecting public schools exclusively and to increase from ten to eleven the number required to form a quorum in all other cases. Over the years the School Board has been increased in size from 19(16 and 3) to 20 (17 and 3) to the present 21 (18 and 3) members and it is appropriate that the quorum be increased accordingly. Section 5. The subsection repealed reads as follows: (2) The members of the School Board appointed by the Metropolitan Separate School Board, shall hold office for two years and until their successors are appointed. The new subsection more closely parallels the provisions of subsections 121 (4) and 125 (1) relative to the members of the School Board who are appointed by boards of education in the Metropolitan Area. Section 6. Clause 127 (1) (/) of the Act is amended to remove the maximum amounts of allowances that may be paid to members and the chairman of the School Board. New subsections 127 (la) to (Ic) are added to permit an outgoing School Board to determine the amounts of allowances to members, alternate members and the chairman of succeeding School Boards. The School Board may decrease the amount of allowance authorized by a predecessor School Board. New subsections 127 (3) to (7) of the Act require the Metropolitan School Board to apportion its estimates of amounts required for public elementary school purposes and secondary school purposes to the area municipalities and set out the method of calculating the apportionments. School Board present who are entitled to vote on any matter are necessary to carry such matter. 5. Subsection 125 (2) of the said Act is repealed and the following s 12s (2), substituted therefor: (2) The appointment of members of the School Board by the Separate Metropolitan Separate School Board shall be made at the first sentativer*^ meeting of the Metropolitan Separate School Board in each year after the regular elections in the area municipalities have been held, and such members shall hold office until their successors take office and a new School Board is organized. 6.— (1) Clause 127 (1) (/) of the said Act is amended by striking out s- 127 (i) (/), "and to pay to each member who is a member of a board of education an allowance not exceeding $2,400 per annum and to each member appointed by the Metropolitan Separate School Board an allowance not exceeding $1,200 per annum, and to'the chairman of the School Board an additional allow- ance not exceeding one-third of the allowance paid to him as a member of the School Board" in the fifth to twelfth lines. (2) Section 127 of the said Act is amended by adding thereto the « 127, - ,, . , , . amended foUowmg subsections: (la) The School Board may pay. Allowances (a) to each member of the School Board an allowance in such amount as is determined by the School Board for members; (b) to each alternate member of the School Board an allowance in such amount as is determined by the School Board for alternate members; and (c) to the chairman of the School Board, in addition to the allowance under clause (a) or (b), an allowance in such amount as is determined by the School Board for the chairman. (lb) A determination under subsection (la) applies only in when respect of allowances to members, alternate members and the chairman of the School Board after the regular election of mem- bers of boards of education in the Metropolitan Area next fol- lowing the day of the determination. (Ic) The School Board may decrease the amount of an allow- Decrease ance determined under subsection (la) and the decrease is effec- tive on the date specified by the School Board. Apportion- ment by School Board Reduction of apportionment (3) When the School Board submits its estimates for pubhc elementary school purposes and for secondary school purposes to the Metropolitan Council, the School Board shall also provide the Metropolitan Council with a statement of the portions of the amount required for public elementary school purposes and for secondary school purposes that the School Board has determined shall be apportioned to each area municipality in accordance with subsection (6). (4) Where the estimates for public elementary or for secondary school purposes of a board of education in the Metropolitan Area that are approved in whole or in part by the School Board have been reduced in accordance with clause 133 (1) (b) by the appli- cation of a surplus, the School Board shall, except where it con- siders that the surplus is attributable to the provision of moneys pursuant to' clause 133 (9) (b), reduce the apportionment for public elementary or for secondary school purposes, as the case may be, to the area municipality in which the board of education has jurisdiction by a portion of the surplus that, in the opinion of the School Board, is not less than the amount of the surplus that was raised by local taxation in the area municipality. Increase of apportionment Calculation of apportionment (5) Where the estimates for public elementary or for secondary school purposes of a board of education in the Metropolitan Area provide for a deficit of a previous year and the estimates have been approved by the School Board in whole or in part, the School Board shall increase the apportionment that would otherwise be made for public elementary or for secondary school purposes, as the case may be, to the area municipality in which the board of education has jurisdiction, by an amount that does not exceed the amount of the deficit, and in determining the amount of the increase in the apportionment the School Board shall give consideration to any circumstances that, in the opinion of the School Board, contributed to the size of the deficit and could not reasonably have been foreseen. (6) For the purpose of determining the apportionment to the area municipalities in the Metropolitan Area of the sums required for public elementary and for secondary school pur- poses, the School Board shall remove from the amount of its estimates submitted separately for public elementary and for sec- ondary school purposes to the Metropolitan Council under clause (1) (g) the portions of the surpluses to be used for reducing apportionments under subsection (4) and the portions of the deficits to be used for increasing apportionments under subsec- tion (5) and shall apportion the remainder of the amount of the estimates for public elementary and for secondary school pur- poses, as the case may be, in the proportion, (a) that the total rateable property for public school pur- poses in respect of each area municipality bears to the total rateable property in the Metropolitan Area for public school purposes; and (b) that the total rateable property for secondary school purposes in respect of each area municipality bears to the total rateable property in the Metropolitan Area for secondary school purposes, and each apportionment so determined shall then be adjusted by the School Board by reduction under subsection (4) or increase under subsection (5). (7) In this section, Interpre- ' ' tation (a) "commercial assessment" has the same meaning as in clause 220 (a) of the Education Act; RS.o. i98o, ' ' c. 129 (b) "residential and farm assessment" has the same mean- ing as in clause 220 (b) of the Education Act; (c) "total rateable property", (i) in relation to an area municipality, means the sum of, (A) residential and farm assessment, (B) the quotient obtained by dividing the commercial assessment by 0.85, and (C) the valuations of properties in respect of which a portion of the payments in lieu of taxes paid by the Crown in right of Canada or a province or any board, commission, corporation or other agency of the Crown in right of Canada or a province or by Ontario Hydro is required by law to be allocated for school pur- poses, in the area municipality, and (ii) in relation to the Metropolitan Area, means the sum of the total rateable property of the area municipalities in the Metropolitan Area. 7. The said Act is amended by adding thereto the following sections: ^s. uoa-isoi, ■' ^ ^ enacted 130a. — (1) There shall be only one agreement at any one time, Elementary and only one set of negotiations to make or renew the agreement, agreement respecting the terms and conditions of employment described in subsection (3) between the boards and the branch affiliates that represent the elementary school teachers employed by the boards. Secondary school agreement (2) There shall be only one agreement at any one time, and only one set of negotiations to make or renew the agreement, respecting the terms and conditions of employment described in subsection (3) between the boards and the secondary school teachers employed by the boards. Contents of agreement (3) The terms and conditions of employment referred to in subsections (1) and (2) are salaries and financial benefits of teachers and the method by which the number of teachers to be employed by a board is determined. Joint negotiations by boards 1306. — (1) The School Board and the boards of education shall act together as one party in negotiations and proceedings related to making or renewing an agreement mentioned in sec- tion 130a. Negotiating committee (2) Negotiations on behalf of the School Board and the boards of education related to making or renewing an agreement men- tioned in section 130a shall be carried out by a negotiating com- mittee. Composition of committee (3) The negotiating committee shall be composed of, (a) one person appointed by the School Board, who shall be the chairman; and (b) six other persons, of whom one shall be appointed by each board of education. Decisions by committee (4) A decision of the majority of the members of the negotiat- ing committee, representing the boards that employ the majority of the elementary school teachers or secondary school teachers (as the case requires), is the decision of the negotiating commit- tee. Ratification by boards (5) A decision by the negotiating committee is not effective until it is ratified by a majority of the boards employing the majority of the elementary school teachers or secondary school teachers, as the case requires. Joint negotiations by elementary school branch affiliates 130c. — (1) The branch affiliates that represent the elementary school teachers employed by the boards shall act together as one party in negotiations and proceedings related to making or renewing an agreement mentioned in section 130a. Section 7. New section 130a and following of the Act relate to collective negotiations between the School Boards (including the Metropolitan School Board) and teachers in Metropolitan Toronto. New section 130a requires joint negotiations and a joint agreement between the boards and the branch affiliates at the elementary school level in respect of terms and conditions of employment in relation to salaries and financial benefits of teachers and the method by which the number of teachers to be employed by a board is determined. A similar requirement applies to negotiations and agreement at the secondary school level. New sections 1306 to 130e relate to the negotiation and ratification of the agreement. New section 130/ relates to the inclusion of additional provisions in an agreement mentioned in new section 130a. New section 130g permits a board and a branch affiliate to negotiate and enter into an agreement respecting a term or condition of employment that is not within the scope of the negotiations or the agreement mentioned in section 130a. New section 130i authorizes the Ontario Labour Relations Board, on appli- cation by a board, to give directions where the Ontario Labour Relations Board is satisfied that a board is implementing a term or condition of employment that is at variance from or inconsistent with an agreement mentioned in section 130a. A direction by the Ontario Labour Relations Board will be enforceable in the same way as a judgment or order of the Supreme Court. Section 8. New section I30j authorizes a board of education to employ more teachers than are provided for in an agreement under new section 130a subject to the conditions stated in subsections I30j (2) and (3). Where the Metropohtan School Board increases the apportionment to an area municipality under new subsection 127 (5) to include a deficit of a board of education in a previous year and the amount of the increase exceeds a sum calculated at one mill in the dollar upon the total rateable property in the area municipality, new subsections 130j (4) and (5) require the termination of the employment of the additional teachers. Subsection 130j (6) exempts a board of education acting under the section from the requirement under new section 130i of obtaining the consent of the Metropolitan School Board. (2) Negotiations on behalf of the branch affiliates mentioned Negotiating , . , , . . committee in subsection (1) related to making or renewing an agreement mentioned in section 130a shall be carried out by a negotiating committee. (3) The negotiating committee mentioned in subsection (2) Composition shall be composed of as many members as there are branch affiliates mentioned in subsection (1), and each branch affiliate mentioned in subsection (1) shall appoint one person to be a member of the negotiating committee. 130d. — (1) The branch affiliates that represent the secondary Joint school teachers employed by the boards shall act together as one by secondary party in negotiations and proceedings related to making or affjuate^s'^^"^^ renewing an agreement mentioned in section 130a. (2) Negotiations on behalf of the branch affiliates mentioned Negotiating , . , . . committee in subsection (1) related to making or renewing an agreement mentioned in section 130a shall be carried out by a negotiating committee. (3) The negotiating committee mentioned in subsection (2) Composition shall be composed of as many members as there are branch affiliates mentioned in subsection (1), and each branch affiliate mentioned in subsection (1) shall appoint one person to be a member of the negotiating committee. 130e. — (1) A decision of the majority of the members of a Decision of committee negotiating on behalf of branch affiliates, represent- negotiating ing the majority of the elementary school teachers or secondary committee school teachers (as the case requires) employed by the board, is the decision of the negotiating committee. (2) A decision by a committee negotiating on behalf of branch Ratification ., . . .^. , , . . r 1 b'^ branch affiliates is not effective until it is ratified by a majority of the affiliates branch affiliates representing the majority of the elementary school teachers or secondary school teachers, as the case requires, employed by the boards. 130/.— (1) The boards and the branch affiliates that represent Additional •' ' 111111 provision of the elementary school teachers employed by the boards may elementary include in an agreement between them mentioned in section 130a agreeLnt any other term or condition of employment that is agreed upon by the School Board, all the boards of education and all the branch affiliates that represent the elementary school teachers employed by the boards. (2) The boards and the branch affiliates that represent the Additional ^ ' 1 1 • 1 J provision oi secondary school teachers employed by the boards may include secondary in an agreement between them mentioned in section 130a any agreeLent other term or condition of employment of the teachers that is 8 agreed upon by the School Board, all the boards of education and all the branch affiliates that represent the secondary school teachers employed by the boards. Elementary school local agreement Secondary school local agreement Priority R.S.O. c. 464 130g. — (1) A board and the branch affiliates that represent the elementary school teachers employed by the board may negotiate and enter into or renew an agreement respecting a term or condi- tion of employment that is not within the scope of the negotia- tions or the agreement mentioned in section 130a. (2) A board and the branch affiliates that represent the secon- dary school teachers employed by the board may negotiate and enter into or renew an agreement respecting a term or condition of employment that is not within the scope of the negotiations or the agreement mentioned in section 130a. (3) No board or branch affiliate shall make or renew an agreement respecting a term or condition mentioned in subsec- tion (1) or (2) until an agreement mentioned in subsection 130a (1) or (2), as the case requires, is made or renewed in accordance with this Part and the School Boards and Teachers Collective Negotiations Act. Application of R.S.O. 1980, c. 464 130/z. — (1) Except as modified by this Part, ihe School Boards and Teachers Collective Negotiations Act applies to negotiations, proceedings and agreements between the boards and the branch affiliates that represent the teachers employed by the boards. Application of Part (2) No agreement between a board and a branch affiliate is vahd on or after the 1st day of September, 1983 unless the agreement is made or renewed in accordance with this Part. Consent of School Board 130? . — (1) No board shall implement a term or condition of employment that is at variance from or inconsistent with an agreement mentioned in section 130a without the consent ex- pressed by resolution of the School Board. Condition precedent (2) The School Board shall not consider giving a consent mentioned in subsection (1) until each board of education by resolution has consented to the implementation of the term or condition of employment. Direction by O.L.R.B. (3) Where, on the application of a board, the Ontario Labour Relations Board is satisfied that a board is implementing a term or condition of employment that is within the scope of and that is at variance from or inconsistent with an agreement mentioned in section 130a without the consent by resolution of the School Board, the Ontario Labour Relations Board may so declare and may direct what action boards, branch affiliates, and their employees and agents shall do or refrain from doing with respect to the term or condition of employment. (4) The Ontario Labour Relations Board shall file in the office Enforcement of the Registrar of the Supreme Court a copy of a direction made under subsection (1), exclusive of the reasons therefor, and the direction shall be entered and is enforceable in the same way as a judgment or order of the Supreme Court. (5) The Labour Relations Act applies, with necessary modifi- Application of cations, in respect of proceedings before the Ontario Labour c. 228 Relations Board under this section. 8. The said Act is further amended by adding thereto the following s i30i, enacted section: 130 7. (1) In this section, interpretation (a) "additional", in relation to teachers, means in addition to the teachers that a board is entitled to employ under an agreement under section 130a; (b) "last revised assessment roll" means the last revised assessment roll for the area municipality in which the board of education has jurisdiction; (c) "school year" has the same meaning as in the £c?Mca^iow RS.o. i980, Act; id) "total rateable property" means "total rateable prop- erty" as defined in section 127. (2) A board of education may employ in a year more elemen- Employment tary school teachers or secondary school teachers or both than the teachers board of education is entitled to employ under an agreement under section 130a if the expenditure attributable to the employment of the additional teachers, (a) is not included in the portion of the estimates of the board of education approved by the School Board; and (b) does not exceed a sum calculated at one mill in the dollar upon the total rateable property for public elementary (in the case of elementary school teachers) or secondary school (in the case of secondary school teachers) purposes according to the last revised assess- ment roll. (3) Where in a year the School Board has increased the appor- Limitation tionment of an area municipality under subsection 127 (5) for public elementary or secondary school purposes or both, the maximum amount of expenditure attributable to the employment of the additional teachers limited by clause (2) (b) shall be reduced, 10 Termination of employment, additional elementary school teachers (a) in the case of the employment of elementary school teachers, by the amount if any by which the appor- tionment was increased under subsection 127 (S) for public elementary school purposes; and ib) in the case of the employment of secondary school teachers, by the amount if any by which the appor- tionment was increased under subsection 12 7 (5) for secondary school purposes. (4) Where the increase in the apportionment mentioned in subsection (3) exceeds a sum calculated at one mill in the dollar upon the total rateable property according to the last revised assessment roll for public elementary school purposes, the board of education. (a) shall not continue the employment of the additional elementary school teachers beyond the end of the school year that ends in the year in which the apportionment is increased; and (b) shall not employ more additional elementary school teachers in the year in which the apportionment is increased. Termination of employment, secondary school teachers (5) Where the increase in the apportionment mentioned in subsection (3) exceeds a sum calculated at one mill in the dollar upon the total rateable property according to the last revised assessment roll for secondary school purposes, the board of edu- cation, Application of s. 130i (a) shall not continue the employment of the additional secondary school teachers beyond the end of the school year that ends in the year in which the apportionment is increased; and (b) shall not employ more additional secondary school teachers in the year in which the apportionment is increased. (6) A board of education may act under subsections (2) and (3) without the consent of the School Board mentioned in section 130i. I s. 133 (1), amended 9. — (1) Subsection 133 (1) of the said Act is amended by adding thereto the following clause: I (e) shall set forth separately the estimated expenditure in respect of the employment of teachers under section 130^' in addition to the number of teachers that the board is entitled to employ under an agreement under section 130a that provides the method by which the Section 9. — Subsection 1. Subsection 133 (1) of the Act sets out the matters to be included in the annual estimates of a board of education in the Metropolitan Area. New clause 133 (1) (e) is complementary to new section 130i set out in this Bill. Subsection 2. Subsection 133 (4) of the Act authorizes a board of education to submit to the council of the area municipality in which it has jurisdiction the estimates of the board after making allowance for the revenues to be derived from the Metropolitan School Board. Clauses 133 (4) (a) and (b) limit the amounts that may be included for elementary school purposes and secondary school purposes in the estimates sub- mitted by a board of education to the council of an area municipality. The amendment provides a formula for calculating the limit related to the amend- ments to section 127 of the Act. Section 10. Subsections 219 (3) and (4) of the Act relate to the appor- tionment among the area municipalities of the amount levied by the Metropolitan Council for public school purposes and secondary school purposes. The subsec- tions are re-enacted to relate to the amendments to section 127 of the Act. Section 11. The amendments related to estimates and apportionments will apply to 1983 and subsequent years. 11 number of teachers to be employed by the board is determined. (2) Clauses 133 (4) (a) and (b) of the said Act are repealed and the s^ 1^3 (4) following substituted therefor: re-enacted (a) the aggregate estimates of all sums required for public elementary school purposes and the aggregate of the revenues for such purposes to be derived from the School Board pursuant to the estimates approved by the School Board shall not exceed a sum calculated at one mill in the dollar upon the total rateable property (as defined in section 127) in the area municipality for public school purposes less the amount of the increase, if any, in the amount of the apportionment to the area municipality for public elementary school purposes under subsection 127 (6); and (b) the aggregate estimates of all sums required for secon- dary school purposes and the aggregate of the revenues for such purposes to be derived from the School Board pursuant to the estimates approved by the School Board shall not exceed a sum calculated at one mill in the dollar upon the total rateable property (as defined in section 127) in the area municipality for secondary school purposes less the amount of the increase, if any, in the amount of the apportionment to the area munici- pality for secondary school purposes under subsection 127 (6). 10. Subsections 219 (3) and (4) of the said Act are repealed and the re-eiacted"^*' following substituted therefor: (3) The amount levied under subsection (1) for public school ^^'^^j"*^*"^ purposes shall be apportioned among the area municipalities in purposes the amounts determined by the School Board under subsection 127 (7). (4) The amount levied under subsection (1) for secondary |^j^°"[^^''^ school purposes shall be apportioned among the area purposes municipalities in the amounts determined by the School Board under subsection 127 (7). 1 1. — (1) The following apply only in respect of estimates and appor- ^/'P^j.^^glj,"" tionments in 1983 and subsequent years: sections 1. Subsections 127 (3) to (7) of the said Act, as enacted by section 6. 2. Clause 133 (1) (e) of the said Act, as enacted by section 9. 12 3. Clauses 133 (4) (a) and (b) of the said Act, as re-enacted by section 9. 4. Subsections 219 (3) and (4) of the said Act, as re- enacted by section 10. Wem (2) Sections 127, 133 and 219 of the said Act, as they existed before the coming into force of this Act, continue to apply in respect of estimates and apportionments in 1982. Commence- 12. — (1) This Act, cxcept section 8, comes into force on the day it ment • t-» i * receives Koyal Assent. Idem (2) Section 8 comes into force on the 1st day of January, 1983. Short title 13. The short title of this Act is the Municipality of Metropolitan Toronto Amendment Act, 1982. b3 fT '"^ t-H - go d§ ^ 2. ca W < 3 TJ w 2. g a OK) 0^5 ^ l«-l O5 00 >3 ?■ a a. c^. H-* s 0 Oro > 3 -^, |> ft) --<- O ja 3 r^ is 3 c S B. n BILL 127 Government Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to amend the Municipality of Metropolitan Toronto Act The Hon. B. Stephenson Minister of Education and Minister of Colleges and Universities (Reprinted as amended by the General Government Committee) TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill contains amendments related to education. Section 1. Section 116 is the interpretation section for Part VIII. The additions are complementary to new section 130a and following of the Act, set out in the Bill. BILL 127 1982 An Act to amend the Municipality of Metropolitan Toronto Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) Section 116 of the Municipality of Metropolitan Toronto Act, ^ ii6, being chapter 314 of the Revised Statutes of Ontario, 1980, is ^'"^" ^ amended, (a) by relettering clauses (a) and (b) as {bb) and {be); and (b) by adding thereto the following clauses: (a) "boards" means the School Board and the boards of education; (b) "boards of education" means the following: 1. The Board of Education for the Borough of East York. 2 . The Board of Education for the Borough of Etobicoke. 3. The Board of Education for the City of North York. 4. The Board of Education for the Borough of Scar- borough. 5. The Board of Education for the City of Toronto. 6. The Board of Education for the Borough of York; {ba) "elementary school teacher" means a teacher who is a member of, (i) L'Association des Enseignants Franco- Ontariens, if the major portion of the teacher's teaching assignment is at the elementary school level, (ii) The Federation of Women Teachers' Associa- tions of Ontario, or (iii) The Ontario Public School Men Teachers' Fed- eration; (/) "secondary school teacher" means a teacher who is a member of, (i) L'Association des Enseignants Franco- Ontariens, if less than the major portion of the teacher's teaching assignment is at the elemen- tary school level, or (ii) The Ontario Secondary School Teachers' Fed- eration. s. 116, amended (2) The said section 116 is further amended by adding thereto the following subsection: Interpre- tation R.S.O. 1980, c. 464 (2) In this Part, (a) "agreement" (in relation to the employment of teachers), "branch affiliate" and "teacher" have the same meanings as in the School Boards and Teachers Collective Negotiations Act; and R.S.O. c. 129 1980, s. 118 (4), re-enacted ib) "elementary school" and "secondary school" have the same meanings as in the Education Act. 2. Subsection 118 (4) of the said Act is repealed and the following substituted therefor: Election and term of office (4) The election of members of the boards of education shall be conducted by the same officers and in the same manner as elections of members of the council of a municipality. s. 121 (3), amended 3. Subsection 121 (3) of the said Act is amended by striking out "or otherwise participate" in the seventh line. s. 124 (1), re-enacted Subsection 124 (1) of the said Act is repealed and the following substituted therefor: - Quorum voting (1) Ten members of the School Board are necessary to form a quorum when the School Board is dealing with matters that affect public schools exclusively and eleven members of the School Board are necessary to form a quorum in all other cases, and the concurring votes of a majority of the members of the Section 2 . Subsection 118(4) of the Act now provides for a two-year term of office. The effect of the amendment is that the term of office will be governed by the Municipal Elections Act. Section 3. The subsection proposed to be amended is set out below showing underlined the words to be deleted: (3) The Board of Education for the Borough of East York, The Board of Education for the Borough of Etobicoke and The Board of Education for the Borough of York may each appoint one of its members as an alternate member of the School Board, and such alternate member may attend the meetings of the School Board and of its committees, but shall not vote ov othcru'ise participate in the meetings of the School Board or of its committees except in the absence of the chairman of the board of education to which such member belongs or of the member appointed in place of the chairman under subsection (6). The effect of the amendment will be to permit an alternate member of The Metropolitan Toronto School Board to participate in meetings of the School Board or of its committees that he attends; the prohibition against an alternate member voting is retained. Section 4. The effect of the re-enactment of the subsection is to increase from eight to ten the number of members required to form a quorum when the School Board is dealing with matters affecting public schools exclusively and to increase from ten to eleven the number required to form a quorum in all other cases. Over the years the School Board has been increased in size from 19(16 and 3) to 20 (17 and 3) to the present 21 (18 and 3) members and it is appropriate that the quorum be increased accordingly. Section 5 . Section 125 of the Act deals with the term of office of members of the School Board. The section is re-enacted to provide for resignations and to make the provisions related to members of the School Board appointed b\ the Metropolitan Separate School Board more closely parallel those rtlainl to members appointed by boards of education. ^Bl School Board present who are entitled to vote on any matter are necessary to carry such matter. 5. Section 125 of the said Act is repealed and the following substi- s. us, tuted therefor: ■'^-^""'^'^^ 125. — (1) Except as provided in this section and in subsection Term of 126 (5), the members of the School Board appointed by boards of ° education shall hold office while they are members of their respective boards of education and until their successors take office and a new board is organized. (2) Where as a result of a change in the chairmanship of a Chairman board of education, a member of the board of education who is education" also a member of the School Board becomes chairman of such board of education, his seat on the School Board, otherwise than as chairman of the board of education, becomes vacant, and another member of the board of education shall be appointed to fill the vacancy. (3) A member of the School Board appointed by a board of Resignation education and who is not the chairman of the School Board may, of Schooi^'^ with the consent, Board (a) of the board of education that appointed him; and (b) of a majority of the members of the School Board pre- sent at a meeting, entered upon the minutes of it, resign as a member without resigning from the board of educa- tion, but he shall not vote on a motion as to his own resignation and may not resign as a member of the School Board if his resignation will reduce the number of members of the School Board to less than a quorum under subsection 124 (1). (4) The appointment of members of the School Board by the Members Metropolitan Separate School Board shall be made at the first by'^Metro- meeting of the Metropolitan Separate School Board in each year poutan after the regular elections in the area municipalities have been schod ^ held, and such members, except as provided in subsection (5) ^°^^^ and subsection 126 (5), shall hold office until their successors take office and a new School Board is organized. (5) A member of the School Board appointed by the Met- Resignation 1 • r> <-. 1 1 1-. 1 ■ 1 1 °* member ropohtan Separate School Board may, with the consent, appointed by Metro- politan (a) of the Metropolitan Separate School Board; and Separate School Board (b) of a majority of the members of the School Board pre- sent at a meeting, entered upon the minutes of it, resign as a member, but he shall not vote on a motion as to his own resignation and may not resign as a member of the School Board if his resignation will reduce the number of members of the School Board to less than a quorum for secondary school purposes. s. 127 (1) (/), amended 6. — (1) Clause 127 (1) (/) of the said Act is amended by striking out "and to pay to each member who is a member of a board of education an allowance not exceeding $2,400 per annum and to each member appointed by the Metropolitan Separate School Board an allowance not exceeding $1,200 per annum, and to the chairman of the School Board an additional allow- ance not exceeding one-third of the allowance paid to him as a member of the School Board" in the fifth to twelfth lines. s. 127, amended Allowances When applicable (2) Section 127 of the said Act is amended by adding thereto the following subsections: (la) The School Board may pay, (a) to each member of the School Board an allowance in such amount as is determined by the School Board for members; (b) to each alternate member of the School Board an allowance in such amount as is determined by the School Board for alternate members; and (c) to the chairman of the School Board, in addition to the allowance under clause (a) or {b), an allowance in such amount as is determined by the School Board for the chairman. {lb) A determination under subsection (la) applies only in respect of allowances to members, alternate members and the chairman of the School Board after the regular election of mem- bers of boards of education in the Metropolitan Area next fol- lowing the day of the determination. Decrease (Ic) The School Board may decrease the amount of an allow- ance determined under subsection (la) and the decrease is effec- tive on the date specified by the School Board. Apportion- ment by School Board (3) When the School Board submits its estimates for public elementary school purposes and for secondary school purposes to the Metropolitan Council, the School Board shall also provide the Metropolitan Council with a statement of the portions of the amount required for public elementary school purposes and for secondary school purposes that the Scbool Board has determined Section 6. Clause 127 (1) (/) of the Act is amended to remove the maximum amounts of allowances that may be paid to members and the chairman of the School Board. New subsections 127 (lo) to (Ic) are added to permit an outgoing School Board to determine the amounts of allowances to members, alternate members and the chairman of succeeding School Boards. The School Board may decrease the amount of allowance authorized by a predecessor School Board. New subsections 127 (3) to (7) of the Act require the School Board to apportion its estimates of amounts required for public elementary school purposes and secondary school purposes to the area municipalities and set out the method of calculating the apportionments. shall be apportioned to each area municipality in accordance with subsection (6). (4) Where the estimates for public elementary or for secondary Reduction of school purposes of a board of education in the Metropolitan Area ^^^°^ lonmen that are approved in whole or in part by the School Board have been reduced in accordance with clause 133 (1) (b) by the appli- cation of a surplus, the School Board shall, except where it con- siders that the surplus is attributable to the provision of moneys pursuant to clause 133 (9) (b), reduce the apportionment for public elementary or for secondary school purposes, as the case may be, to the area municipality in which the board of education has jurisdiction by an amount that, in the opinion of the School Board, is equal to the portion of the surplus that was raised by local taxation in the area municipality. (5) Where the estimates for public elementary or for secondary increase of school purposes of a board of education in the Metropolitan Area '^^^^^ 'onn^Ln provide for a deficit of a previous year and the estimates have been approved by the School Board in whole or in part, the School Board shall increase the apportionment that would otherwise be made for public elementary or for secondary school purposes, as the case may be, to the area municipality in which the board of education has jurisdiction, by an amount that does not exceed the amount of the deficit, and in determining the amount of the increase in the apportionment the School Board shall give consideration to any circumstances that, in the opinion of the School Board, contributed to the size of the deficit and could not reasonably have been foreseen. (6) For the purpose of determining the apportionment to the Calculation area municipalities in the Metropolitan Area of the sums apportionment required for public elementary and for secondary school pur- poses, the School Board shall remove from the amount of its estimates submitted separately for public elementary and for sec- ondary school purposes to the Metropolitan Council under clause (1) (g) the portions of the surpluses to be used for reducing apportionments under subsection (4) and the portions of the deficits to be used for increasing apportionments under subsec- tion (5) and shall apportion the remainder of the amount of the estimates for public elementary and for secondary school pur- poses, as the case may be, in the proportion, (a) that the total rateable property for public school pur- poses in respect of each area municipality bears to the total rateable property in the Metropolitan Area for public school purposes; and (b) that the total rateable property for secondary school purposes in respect of each area municipality bears to the total rateable property in the Metropolitan Area for secondary school purposes, and each apportionment so determined shall then be adjusted by the School Board by reduction under subsection (4) or increase under subsection (5). interpre- (7) In this scction, tation ' ' (a) "commercial assessment" has the same meaning as in Rso- 1980, clause 220 (a) of the Education Act; c. 129 ' ' (&) "residential and farm assessment" has the same mean- ing as in clause 220 (6) of the Education Act; (c) "total rateable property", (i) in relation to an area municipality, means the sum of, (A) residential and farm assessment, (B) commercial assessment, and (C) the valuations of properties in respect of which a portion of the payments in lieu of taxes paid by the Crown in right of Canada or a province or any board, commission, corporation or other agency of the Crown in right of Canada or a province or by Ontario Hydro is required by law to be allocated for school pur- poses, in the area municipality, and (ii) in relation to the Metropolitan Area, means the sum of the total rateable property of the area municipalities in the Metropolitan Area. ss. lioa-uoi, 7. The said Act is amended by adding thereto the following sections: enacted -■ o o Elementary 130a. — (1) There shall be Only One agreement at any One time, and only one set of negotiations to make or renew the agreement, respecting the terms and conditions of employment described in subsection (3) between the boards and the branch affiliates that represent the elementary school teachers employed by the boards. school agreement Secondary (2) There shall be only one agreement at any one time, and agreement Only One sct of negotiations to make or renew the agreement, Section 7. New section 130a and following of the Act relate to collective negotiations between the boards (including The Metropolitan Toronto School Board) and teachers in Metropolitan Toronto. New section 130fl requires joint negotiations and a joint agreement between the boards and the branch affiliates at the elementary school level in respect of terms and conditions of employment in relation to salaries and financial benefits of teachers and the method by which the number of teachers to be employed by a board is determined. A similar requirement applies to negotiations and agreement at the secondary school level. New sections I30b to 130e relate to the negotiation and ratification of the agreement. New section 130/ relates to the inclusion of additional provisions in an agreement mentioned in new section 130a. New section 130g permits a board and a branch affiliate to negotiate and enter into an agreement respecting a term or condition of employment that is not within the scope of the negotiations or the agreement mentioned in section 130a. New section 130/? relates to the relationship between the Act and the School Boards and Teachers Collective Negotiations Act. The section also contains transi- tional provisions related to the application of new sections 130a to 130? and specifies that the section is subject to the Inflation Restraint Act, 1982 (Bill 1 ?'-)|. New section 130i authorizes the Ontario Labour Relations Board, on appli- cation by a board, to give directions where the Ontario Labour Relations Boarfl is satisfied that a board is implementing a term or condition of employment that is at variance from or inconsistent with an agreement mentioned in section 130a. A direction by the Ontario Labour Relations Board will be enforceable in the same way as a judgment or order of the Supreme Court. respecting the terms and conditions of employment described in subsection (3) between the boards and the secondary school teachers employed by the boards. (3) The terms and conditions of employment referred to in Contents subsections (1) and (2) are salaries and financial benefits of agreement teachers and the method by which the number of teachers to be employed by a board is determined. (4) In this section, "financial benefits" means, interpre- tation (a) compensation other than salary payable or provided directly or indirectly except money paid in reimburse- ment of expenses incurred in the performance of duties; (b) a benefit that, at the date the agreement under which the benefit is provided is ratified, has a value that is required to be included in income under the Income RS.c. i9S2, Tax Act (Canada); and (c) an insured employee benefit. "^Pf 1306. — (1) The School Board and the boards of education Jo'^. shall act together as one party in negotiations and proceedings by^boards"^ related to making or renewing an agreement mentioned in sec- tion 130a. (2) Negotiations on behalf of the School Board and the boards Committee of education related to making or renewing an agreement men- tioned in section 130a shall be carried out under the direction of a committee with each of the boards appointing one member of the committee. (3) A decision by the majority of the members of the commit- Decisions tee, representing together the employers of a majority of the committee elementary school teachers or secondary school teachers (as the case requires), is the decision of the committee. (4) A decision by the committee to approve an agreement Ratification , . . . -- . .,,,... bv boards mentioned m section 130a is not effective until the decision is ratified by a majority of the boards and the majority employs the majority of the elementary school teachers or secondary school teachers, as the case requires. (5) The School Board may remove from the committee a per- Replacement son appointed by the School Board and a board of education may committee remove from the committee a person appointed by the board of education, but the School Board or board of education (as the case requires) shall appoint another person to the committee in the place of the person removed. "^PB 8 Joijjt negotiations by elementary school branch affiliates 130c. — (1) The branch affiliates that represent the elementary school teachers employed by the boards shall act together as one party in negotiations and proceedings related to making or renewing an agreement mentioned in section 130a. Committee (2) Negotiations on behalf of the branch affiliates mentioned in subsection (1) shall be carried out under the direction of a committee, with each of the branch affiliates appointing one member of the committee. Appointments (3) Two or more branch affiliates may each appoint the same person to be a member of the committee under subsection (2). Joint negotiations by secondary school branch affiliates Committee 130d. — (1) The branch affiliates that represent the secondary school teachers employed by the boards shall act together as one party in negotiations and proceedings related to making or renewing an agreement mentioned in section 130fl. (2) Negotiations on behalf of the branch affiliates mentioned in subsection (1) shall be carried out under the direction of a committee, with each of the branch affiliates appointing one member of the committee. Appointments (3) Two or more branch affiliates may each appoint the same person to be a member of the committee under subsection (2). Committee 130e . — (1) A committee directing negotiations on behalf of branch affiliates may determine its own procedures. Ratification (2) A decision by a committee to approve an agreement men- tioned in section 130a is not effective until the decision is ratified, (a) by a majority of the elementary school teachers or sec- ondary school teachers, as the case may be, who are employed by the boards and participate in the ratifica- tion vote; and (b) by a majority of the elementary school teachers or sec- ondary school teachers, as the case may be, who par- ticipate in the ratification vote mentioned in clause (a) conducted among the elementary school teachers or secondary school teachers, as the case ma> be, employed by each of a majority of the boards. "^^J Additional provision of elementary school agreement 130/. — (1) The boards and the branch affiliates that represent the elementary school teachers employed by the boards may include in an agreement between them mentioned in section 130a any other term or condition of employment that is agreed upon by the School Board, all the boards of education and all the branch affiliates that represent the elementary school teachers employed by the boards. (2) The boards and the branch affiliates that represent the Additional secondary school teachers employed by the boards may include LTo^ndal^y" in an agreement between them mentioned in section 130a any ^'^^°°^ 1 1 • • r 1 1-1 1 . agreement other term or condition of employment of the teachers that is agreed upon by the School Board, all the boards of education and all the branch affiliates that represent the secondary school teachers employed by the boards. 130g. — (1) A board and the branch affiliates that represent the Elementary elementary school teachers employed by the board may negotiate agreement and enter into or renew an agreement respecting a term or condi- tion of employment that is not within the scope of the negotia- tions or the agreement mentioned in section 130a. (2) A board and the branch affiliates that represent the secon- Secondary dary school teachers employed by the board may negotiate and agreement enter into or renew an agreement respecting a term or condition of employment that is not within the scope of the negotiations or the agreement mentioned in section 130a. (3) No board or branch affiliate shall make or renew an Priority agreement respecting a term or condition mentioned in subsec- tion (1) or (2) until an agreement mentioned in subsection 130a (1) or (2), as the case requires, is made or renewed in accordance with this Part and the School Boards and Teachers Collective R so. i98o, . . c. 464 Negotiations Act. (4) Negotiations to make or renew an agreement mentioned in Separate procecdincs section 130a and negotiations to make or renew an agreement mentioned in subsection (1) or (2) may proceed simultaneously and the School Boards and Teachers Collective Negotiations Act applies separately in respect of each such agreement and the negotiations and proceedings in respect of each such agreement. 130/?.— (1) Except as modified by this Part, the School Boards ■^pp''"''^" °^ -, , , K.o.O. 1980, and Teachers Collective Negotiations Act applies to negotiations, c. 464 proceedings and agreements between the boards and the branch affiliates that represent the teachers employed by the boards. (2) Sections 130a to 130i do not apply in respect of an agree- Application of . . , .L ^1 .L • .L ss. 130a to ment or negotiations to make or renew an agreement that is to isoi come into force before the 1st day of September, 1983. (3) An agreement that is to come into force before the 1st day Term of of September, 1983 shall be for a term that ends on the 31st day of August, 1983. (4) No agreement between a board and a branch affiliate that ^pp'^'^^^^'"" comes into force on or after the 1st day of September, 1983 is 10 valid unless the agreement is made or renewed in accordance with this Part. Application of 1982, c. . .. Board not to implement variant term or condition of employ- ment Direction by O.L.R.B. Enforcement (5) Subsections (1) to (4) are subject to the Inflation Restraint Act, 1982. -^1 130i. — (1) No board shall implement a term or condition of employment that is at variance from or inconsistent with an agreement mentioned in section 130a. (2) Where, on the application of a board, the Ontario Labour Relations Board is satisfied that a board is implementing a term or condition of employment that is within the scope of and that is at variance from or inconsistent with an agreement mentioned in section 130a, the Ontario Labour Relations Board may so declare and may direct what action boards, branch affiliates, and their employees and agents shall do or refrain from doing with respect to the term or condition of employment. (3) The Ontario Labour Relations Board shall file in the office of the Registrar of the Supreme Court a copy of a direction made under subsection (1), exclusive of the reasons therefor, and the direction shall be entered and is enforceable in the same way as a judgment or order of the Supreme Court. Application of R.S.O. 1980, c. 228 (4) The Labour Relations Act applies, with necessary modifi- cations, in respect of proceedings before the Ontario Labour Relations Board under this section. s. 130 J, enacted Interpretation 8. The said Act is further amended by adding thereto the following section: 130 7. — (1) In this section. R.S.O. c. 129 1980, Employment of additional teachers (a) "additional", in relation to teachers, means in addition to the teachers that a board is entitled to employ under an agreement under section 130a; {b) "school year" has the same meaning as in \ht Education Act; (c) "total rateable property" means "total rateable proper- _ ty" as defined in subclause 12 7 (7) (c) (i). I (2) A board of education may employ in a year more elemen- tary school teachers or secondary school teachers or both than the board of education is entitled to employ under an agreement under section 130a if the expenditure attributable to the employment of the additional teachers, (a) is not included in the portion of the estimates of the board of education approved by the School Board; and Section 8. New section 130j authorizes a board of education to employ more teachers than are provided for in an agreement under new section 130a subject to the conditions stated in subsections \30j (2) and (3). Where the School Board increases the apportionment to an area municipality under new subsection 127 (5) to include a deficit of a board of education in a previous year and the amount of the increase exceeds a sum calculated, in the case of elementary school teachers, at one and one-half mills in the dollar and, in the case of secondary school students, at one mill in the dollar upon the total rateable property in the area municipality according to the assessment roll on which taxes were levied in 1982, new subsections I30j (4) and (S) require the termination of the employment of the additional teachers. Xtvv subsection I3O7 (6) is a transitional provision that will enable the School Board to provide an initial basis for calculating the numbers of additional teaclicrs 11 (b) does not exceed, in the case of elementary school teachers, a sum calculated at one and one-half mills in the dollar upon the total rateable property for public elementary school purposes according to the assessment roll on which taxes were levied in 1982 or, in the case of secondary school teachers, a sum calculated at one mill in the dollar upon the total rateable property for secon- dary school purposes according to the assessment roll on which taxes were levied in 1982. "^pj (3) Where in a year the School Board has increased the appor- Limitation tionment of an area municipality under subsection 12 7 (5) for public elementary or secondary school purposes or both, the maximum amount of expenditure attributable to the employment of the additional teachers limited by clause (2) (b) shall be reduced, (a) in the case of the employment of elementary school teachers, by the amount if any by which the appor- tionment was increased under subsection 127 (5) for public elementary school purposes; and {b) in the case of the employment of secondary school teachers, by the amount if any by which the appor- tionment was increased under subsection 12 7 (5) for secondary school purposes. (4) Where the increase in the apportionment mentioned in Termination of . Ill 1 ir 11 t'mplovment, subsection (3) exceeds a sum calculated at one and one-half mills additional in the dollar upon the total rateable property for public elemen- tary school purposes according to the assessment roll on which taxes were levied in 1982, the board of education, (a) shall not continue the employment of the additional elementary school teachers beyond the end of the school year that ends in the year in which the apportionment is increased; and (b) shall not employ more additional elementary school teachers in the year in which the apportionment is increased. elementary seliool teachers (5) Where the increase in the apportionment mentioned in Termination of employment, secondary school subsection (3) exceeds a sum calculated at one mill in the dollar upon the total rateable property for secondary school purposes according to the assessment roll on which taxes were levied in 1982, the board of education, (a) shall not continue the employment of the additional secondary school teachers beyond the end of the school year that ends in the year in which the apportionment is increased; and teachers 12 (b) shall not employ more additional secondary school teachers in the year in which the apportionment is increased. Determination as to number of teachers (6) For the purposes of subsections (1) to (5) in respect of the period from and including the 1st day of January, 1983 to the day that an agreement under section 130a comes into force, the School Board may determine, in such manner as the School Board considers proper, the number of teachers that a board is entitled to employ under an agreement under section 130a. s. 133 (1), amended 9. — (1) Subsection 133 (1) of the said Act is amended by adding thereto the following clause: (e) shall set forth separately the estimated expenditure in respect of the employment of teachers under section 13O7 in addition to the number of teachers that the board is entitled to employ under an agreement under section 130a that provides the method by which the number of teachers to be employed by the board is determined. S. 133 (4) (a, b), re-enacted (2) Clauses 133 (4) (a) and (b) of the said Act are repealed and the following substituted therefor: s. 219 (3, 4), re-enacted (a) the aggregate estimates of all sums required for public elementary school purposes and the aggregate of the revenues for such purposes to be derived from the School Board pursuant to the estimates approved by the School Board shall not exceed a sum calculated at one and one-half mills in the dollar upon the total rate- able property (as defined in section 127) in the area municipality for public school purposes less the amount of the increase, if any, in the amount of the apportion- ment to the area municipality for public elementary school purposes under subsection 127 (6); and (b) the aggregate estimates of all sums required for secon- dary school purposes and the aggregate of the revenues for such purposes to be derived from the School Board pursuant to the estimates approved by the School Board shall not exceed a sum calculated at one mill in the dollar upon the total rateable property (as defined in section 127) in the area municipality for secondary school purposes less the amount of the increase, if any, in the amount of the apportionment to the area munici- pality for secondary school purposes under subsection 127 (6). 10. Subsections 219 (3) and (4) of the said Act are repealed and the following substituted therefor: I Section 9. — Subsection 1. Subsection 133 (1) of the Act sets out the matters to be included in the annual estimates of a board of education in the Metropolitan Area. New clause 133 (1) (e) is complementary to new section 130i set out in this Bill. Subsection 2. Subsection 133 (4) of the Act authorizes a board of education to submit to the council of the area municipality in which it has jurisdiction the estimates of the board after making allowance for the revenues to be derived from The Metropolitan Toronto School Board. Clauses 133 (4) (a) and (b) limit the amounts that may be included for elementary school purposes and secondary school purposes in the estimates sub- mitted by a board of education to the council of an area municipality. The amendment provides a formula for calculating the limit related to the amend- ments to section 127 of the Act. Section 10. Subsections 219 (3) and (4) of the Act relate to the appor- tionment among the area municipalities of the amount levied by the Metropolitan Council for public school purposes and secondary school purposes. The subsec- tions are re-enacted to relate to the amendments to section 127 of the Act. Section 11. The amendments related to estimates and apportionments will apply to 1983 and subsequent years. 13 (3) The amount levied under subsection (1) for public school Elementary purposes shall be apportioned among the area municipalities in purposes the amounts determined by the School Board under section 12 7. (4) The amount levied under subsection (1) for secondary Secondary school purposes shall be apportioned among the area purposes municipalities in the amounts determined by the School Board under section 12 7. I 11- tionments in 1983 and subsequent years (1) The following apply only in respect of estimates and appor- Application oi-jT^^ I- j-r- of certain 1. Subsections 127 (3) to (7) of the said Act, as enacted by section 6. 2. Clause 133 (1) (e) of the said Act, as enacted. by section 9. 3. Clauses 133 (4) (a) and (b) of the said Act, as re-enacted by section 9. 4. Subsections 219 (3) and (4) of the said Act, as re- enacted by section 10. (2) Sections 127, 133 and 219 of the said Act, as they existed idem before the coming into force of this Act, continue to apply in respect of estimates and apportionments in 1982. 12. — (1) This Act, except section 8, comes into force on the day it Commence- ' ' ^ ' ment receives Royal Assent. (2) Section 8 comes into force on the 1st day of January, 1983. i^^™ 13. The short title of this Act is the Municipality of Metropolitan Short title Toronto Amendment Act, 1982. S «5 r* s n O- a o ^ s § ^ w. w- w. »• <* i/i H n X o M o ft orq O &3 c o z 3 »3 ro CI- d 3 CA5 3. fa W < 3 hi <:5 a DC u a S fD >3 00 >3 to 00 >) C^l rf- Ctl <->■ c^ a tr Ci s- p:i 0^ 00 a, 3 o > g o n l-^ i-f- O >-( o »5 o 3 a> j:^" 3 J» a 3 ^ H 3- o o ^ 3 C i-t- 3 o o' > o Bill 127 Government Bill 2nd session, 32nd LEGISLATURE, ONTARIO 31 ELIZABETH II, 1982 Bill 127 (Chapter Statutes of Ontario, 1983) An Act to amend the Municipality of Metropolitan Toronto Act The Hon. B. Stephenson Minister of Education and Minister of Colleges and Universities 1st Reading May 28th, 1982 2nd Reading June 28th, 1982 3rd Reading Royal Assent (Reprinted as amended by the Committee of the Whole House) Printed by authority of the Legislative Assembly of Ontario EXPLANATORY NOTES The Bill contains amendments related to education. SECTION 1. Section 116 is the inteq)retation section for Part VIII. The additions are com- plementary to new section 130a and following of the Act, set out in the Bill. SECTION 2. — Subsection 1. Subsection 118 (4) of the Act now provides for a two-year term of office. The effect of the amendment is that the term of office will be governed by the Municipal Elections Act. Subsection 2. The subsection provides that the term of office of members elected in 1982 will be for three years. -4^ SECTION 3. The subsection proposed to be amended is set out below showing underlined the words to be deleted: (3) The Board of Education for the Borough of East York, The Board of Education for the Borough of Etobicoke and The Board of Education for the Borough of York may each appoint one of its members as an alternate member of the School Board, and such alternate member may attend the meetings of the School Board and of its committees, but shall not vote or otherwise participate in the meetings of the School Board or of its committees except in the absence of the chairman of the board of edu- cation to which such member belongs or of the member appointed in place of the chairman under subsection (6). The effect of the amendment will be to permit an alternate member of The Metropolitan Toronto School Board to participate in meetings of the School Board or of its committees that he attends; the prohibition against an alternate member voting is retained. SECTION 4. The effect of the re-enactment of the subsection is to increase from eight to ten the number of members required to form a quorum when the School Board is dealing with matters affecting public schools exclusively and to increase from ten to eleven the number required to form a quorum in all other cases. Over the years the School Board has been increased in size from 19 (16 and 3) to 20 (17 and 3) to the present 21 (18 and 3) members and it is appropriate that the quorum be increased accordingly. SECTION 5. Section 125 of the Act deals with the term of office of members of the School Board. The section is re-enacted to provide for resignations and to make the provisions related to members of the School Board appointed by the Metropolitan Separate School Board more closely parallel those related to members appointed by boards of education. SECTION 6. Clause 127 (1) (f) of the Act is amended to remove the maximum amounts of allowances that may be paid to members and the chairman of the School Board. New subsec- tions 127 (la) to (Ic) are added to permit an outgoing School Board to determine the amounts of allowances to members, ahernate members and the chairman of succeeding School Boards. The School Board may decrease the amount of allowance authorized by a predecessor School Board. New subsections 127 (3) to (7) of the Act require the School Board to apportion its esti- mates of amounts required for public elementary school purposes and secondary school pur- poses to the area municipalities and set out the method of calculating the apportionments. SECTION 7. New section 130a and following of the Act relate to collective negotiations between the boards (including The Metropolitan Toronto School Board) and teachers in Metropolitan Toronto. New section 130a requires joint negotiations and a joint agreement between the boards and the branch affiliates at the elementary school level in respect of terms and conditions of employment in relation to salaries and financial benefits of teachers and the method by which the number of teachers to be employed by a board is determined. A similar requirement applies to negotiations and agreement at the secondary school level. New sections 130b to 130e relate to the negotiation and ratification of the agreement. New section 130f relates to the inclusion of additional provisions in an agreement men- tioned in new section 130a. New section 130g permits a board and a branch affiliate to negotiate and enter into an agreement respecting a term or condition of employment that is not within the scope of the negotiations or the agreement mentioned in section 130a. New section 130h relates to the relationship between the Act and the School Boards and Teachers Collective Negotiations Act. The section also contains transitional provisions related to the application of new sections 130a to 130i and specifies that the section is subject to the Inflation Restraint Act, 1982 (Bill 179). New section 130i authorizes the Ontario Labour Relations Board, on application by a board, to give directions where the Ontario Labour Relations Board is satisfied that a board is implementing a term or condition of employment that is at variance from or inconsistent with an agreement mentioned in section 130a. A direction by the Ontario Labour Relations Board will be enforceable in the same way as a judgment or order of the Supreme Court. SECTION 8. New section 130j authorizes a board of education to employ more teachers than are provided for in an agreement under new section 130a subject to the conditions stated in subsections 130j (2) and (3). Where the School Board increases the apportionment to an area municipality under new subsection 127 (5) to include a deficit of a board of education in a previous year and the amount of the increase exceeds a sum calculated, in the case of elementary school teachers, at one and one-half mills in the dollar and, in the case of secondary school students, at one mill in the dollar upon the total rateable property in the area municipality according to the assessment roll on which taxes were levied in 1983, new subsections 130j (4) and (5) require the termination of the employment of the additional teachers. New subsection 130j (6) is a transitional provision that will enable the School Board to pro- vide an initial basis for calculating the numbers of additional teachers. SECTION 9. — Subsection 1. Subsection 133 (1) of the Act sets out the matters to be included in the annual estimates of a board of education in the Metropolitan Area. New clause 133 (1) (e) is complementary to new section 130i set out in this Bill. Subsection 2. Subsection 133 (4) of the Act authorizes a board of education to submit to the council of the area municipality in which it has jurisdiction the estimates of the board after making allowance for the revenues to be derived from The Metropolitan Toronto School Board. Clauses 133 (4) (a) and (b) limit the amounts that may be included for elementary school purposes and secondary school purposes in the estimates submitted by a board of education to the council of an area municipality. The amendment provides a formula for calculating the limit related to the amendments to section 127 of the Act. SECTION 10. Subsections 219 (3) and (4) of the Act relate to the apportionment among the area municipalities of the amount levied by the Metropolitan Council for public school pur- poses and secondary school purposes. The subsections are re-enacted to relate to the amend- ments to section 127 of the Act. SECTION 11. The amendments related to estimates and apportionments will apply to 1983 and subsequent years. Bill 127 1982 An Act to amend the Municipality of Metropolitan Toronto Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) Section 116 of the Municipality of Metropolitan s- "6, Toronto Act, being chapter 314 of the Revised Statutes of "'"*" ^ Ontario, 1980, is amended, (a) by relettering clauses (a) and (b) as (bb) and (be); and (b) by adding thereto the following clauses: (a) "boards" means the School Board and the boards of education; (b) "boards of education" means the following: 1. The Board of Education for the Borough of East York. 2. The Board of Education for the Borough of Etobicoke. 3. The Board of Education for the City of North York. 4. The Board of Education for the Borough of Scarborough. 5. The Board of Education for the City of Toronto. 6. The Board of Education for the Borough of York; (ba) "elementary school teacher" means a teacher who is a member of. Bill 127 MUN. OF METRO. TORONTO 1982 (i) L' Association des Enseignants Franco- Ontariens, if the major portion of the teacher's teaching assignment is at the elementary school level, (ii) The Federation of Women Teachers' Associations of Ontario, or (iii) The Ontario Public School Men Teach- ers' Federation; (f) "secondary school teacher" means a teacher who is a member of, (i) L' Association des Enseignants Franco- Ontariens, if less than the major portion of the teacher's teaching assignment is at the elementary school level, or (ii) The Ontario Secondary School Teachers' Federation. s- 116, (2) The said section 116 is further amended by adding thereto ""*" the following subsection: interpre- (2) In this Part, tation "- ' (a) "agreement" (in relation to the employment of teachers), "branch affiUate" and "teacher" R.s.o. 1980, have the same meanings as in the School Boards and Teachers Collective Negotiations Act; and c. 464 (b) "elementary school" and "secondary school" R.s.o. 1980, have the same meanings as in the Education '■''' Act. s. 118(4), 2. — (1) Subsection 118 (4) of the said Act is repealed and the following substituted therefor: Election and (4) The clcction of members of the boards of education shall term of office ^^ conducted by the same officers and in the same manner as elections of members of the council of a municipality. Transitional (2) The members of the boards of education mentioned in sec- tion 118 of the said Act elected to office in the regular election in 1982 shall hold office for a term of three years and until their successors are elected and a new board organized. '^^ 1982 MUN. OF METRO. TORONTO Bill 127 3. Subsection 121 (3) of the said Act is amended by striking s. 121 o), out "or otherwise participate" in the seventh line. amended 4. Subsection 124 (1) of the said Act is repealed and the fol- «• 124 (i), lowing substituted therefor: re-enacted (1) Ten members of the School Board are necessary to form Quorum a quorum when the School Board is dealing with matters that """"^ affect public schools exclusively and eleven members of the School Board are necessary to form a quorum in all other cases, and the concurring votes of a majority of the members of the School Board present who are entitled to vote on any matter are necessary to carry such matter. 5. Section 125 of the said Act is repealed and the following «• 125, substituted therefor: '"''"''"^ 125, — (1) Except as provided in this section and in sub- Term of section 126 (5), the members of the School Board appointed '^^^^^ by boards of education shall hold office while they are mem- bers of their respective boards of education and until their suc- cessors take office and a new board is organized. (2) Where as a result of a change in the chairmanship of a chairman of board of education, a member of the board of education who is educadon also a member of the School Board becomes chairman of such board of education, his seat on the School Board, otherwise than as chairman of the board of education, becomes vacant, and another member of the board of education shall be appointed to fill the vacancy. (3) A member of the School Board appointed by a board of Resignation education and who is not the chairman of the School Board of schoor'^ may, with the consent. Board (a) of the board of education that appointed him; and (b) of a majority of the members of the School Board present at a meeting, entered upon the minutes of it, resign as a member without resigning from the board of educa- tion, but he shall not vote on a motion as to his own resignation and may not resign as a member of the School Board if his resignation will reduce the number of members of the School Board to less than a quorum under subsection 124 (1). (4) The appointment of members of the School Board by the ^^""^^^^^ ^^ Metropolitan Separate School Board shall be made at the first Eopoiitan meeting of the Metropolitan Separate School Board in each ^^p^'^^^^ year after the regular elections in the area municipalities have Bill 127 MUN. OF METRO. TORONTO 1982 Resignation of member appointed by Metropolitan Separate School Board been held, and such members, except as provided in subsection (5) and subsection 126 (5), shall hold office until their succes- sors take office and a new School Board is organized. (5) A member of the School Board appointed by the Metro- politan Separate School Board may, with the consent, (a) of the Metropolitan Separate School Board; and (b) of a majority of the members of the School Board present at a meeting, entered upon the minutes of it, resign as a member, but shall not vote on a motion as to his own resignation and may not resign as a member of the School Board if his resignation will reduce the number of members of the School Board to less than a quorum for secondary school purposes. s. 127(1) (f), amended 6. — (1) Clause 127 (1) (f) of the said Act is amended by striking out "and to pay to each member who is a member of a board of education an allowance not exceeding $2,400 per annum and to each member appointed by the Metropolitan Separate School Board an allowance not exceeding $1,200 per annum, and to the chairman of the School Board an additional allowance not exceeding one-third of the allowance paid to him as a member of the School Board" in the fifth to twelfth lines. s. 127, amended (2) Section 127 of the said Act is amended by adding thereto the following subsections: Allowances (la) The School Board may pay, (a) to each member of the School Board an allow- ance in such amount as is determined by the School Board for members; (b) to each alternate member of the School Board an allowance in such amount as is determined by the School Board for alternate members; and When applicable (c) to the chairman of the School Board, in addi- tion to the allowance under clause (a) or (b), an allowance in such amount as is determined by the School Board for the chairman. (lb) A determination under subsection (la) applies only in respect of allowances to members, ahernate members and the chairman of the School Board after the regular election of 1982 MUN. OF METRO. TORONTO Bill 127 members of boards of education in the Metropolitan Area next following the day of the determination. (Ic) The School Board may decrease the amount of an Decrease allowance determined under subsection (la) and the decrease is effective on the date specified by the School Board. (3) When the School Board submits its estimates for public Apportion- elementary school purposes and for secondary school purposes sSioo'i Board to the Metropolitan Council, the School Board shall also pro- vide the Metropolitan Council with a statement of the portions of the amount required for public elementary school purposes and for secondary school purposes that the School Board has determined shall be apportioned to each area municipality in accordance with subsection (6). (4) Where the estimates for public elementary or for second- ary school purposes of a board of education in the Metropolitan Area that are approved in whole or in part by the School Board have been reduced in accordance with clause 133 (1) (b) by the application of a surplus, the School Board shall, except where it considers that the surplus is attributable to the provision of moneys pursuant to clause 133 (9) (b), reduce the apportion- ment for public elementary or for secondary school purposes, as the case may be, to the area municipality in which the board of education has jurisdiction by an amount that, in the opinion of the School Board, is equal to the portion of the surplus that was raised by local taxation in the area municipality. (5) Where the estimates for public elementary or for second- ary school purposes of a board of education in the Metropolitan Area provide for a deficit of a previous year and the estimates have been approved by the School Board in whole or in part, the School Board shall increase the apportionment that would otherwise be made for public elementary or for secondary school purposes, as the case may be, to the area municipality in which the board of education has jurisdiction, by an amount that does not exceed the amount of the deficit, and in determin- ing the amount of the increase in the apportionment the School Board shall give consideration to any circumstances that, in the opinion of the School Board, contributed to the size of the defi- cit and could not reasonably have been foreseen. (6) For the purpose of determining the apportionment to the area municipalities in the Metropolitan Area of the sums required for public elementary and for secondary school pur- poses, the School Board shall remove from the amount of its estimates submitted separately for public elementary and for Reduction of apportionment Increase of apportion- ment Calculation of apportionment Bill 127 MUN. OF METRO. TORONTO 1982 secondary school purposes to the Metropolitan Council under clause (1) (g) the portions of the surpluses to be used for reduc- ing apportionments under subsection (4) and the portions of the deficits to be used for increasing apportionments under sub- section (5) and shall apportion the remainder of the amount of the estimates for public elementary and for secondary school purposes, as the case may be, in the proportion, (a) that the total rateable property for public school pur- poses in respect of each area municipality bears to the total rateable property in the Metropolitan Area for public school purposes; and (b) that the total rateable property for secondary school purposes in respect of each area municipality bears to the total rateable property in the Metropolitan Area for secondary school purposes, and each apportionment so determined shall then be adjusted by the School Board by reduction under subsection (4) or increase under subsection (5). Interpre- (7) Jn this Section, tation (a) "commercial assessment" has the same mean- R.S.0. 1980, ing as in clause 220 (a) of the Education Act; (b) "residential and farm assessment" has the same meaning as in clause 220 (b) of the Education Act; (c) "total rateable property", (i) in relation to an area municipality, means the sum of, (A) residential and farm assessment, (B) commercial assessment, and (C) the valuations of properties in respect of which a portion of the payments in lieu of taxes paid by the Crown in right of Canada or a province or any board, commis- sion, corporation or other agency of the Crown in right of Canada or a province or by Ontario Hydro is required by law to be allocated for school purposes, in the area municipality, and 1982 MUN. OF METRO. TORONTO Bill 127 7 (ii) in relation to the Metropolitan Area, means the sum of the total rateable prop- erty of the area municipalities in the Met- ropolitan Area. 7. The said Act is amended by adding thereto the following s^. i30a-i30i, sections: ^"«*^**^ 130a. — (1) There shall be only one agreement at any one Elementary time, and only one set of negotiations to make or renew the agreement, respecting the terms and conditions of employ- ment described in subsection (3) between the boards and the branch affiliates that represent the elementary school teachers employed by the boards. school agreement school agreement (2) There shall be only one agreement at any one time, and secondary only one set of negotiations to make or renew the agreement, respecting the terms and conditions of employment described in subsection (3) between the boards and the secondary school teachers employed by the boards. (3) The terms and conditions of employment referred to in Contents of subsections (1) and (2) are salaries and financial benefits of ^^'^^'"^"^ teachers and the method by which the number of teachers to be employed by a board is determined. (4) In this section, "financial benefits" means, interpre- tation (a) compensation other than salary payable or provided directly or indirectly except money paid in reim- bursement of expenses incurred in the performance of duties; (b) a benefit that, at the date the agreement under which the benefit is provided is ratified, has a value that is required to be included in income under the Income R s.c. i980, Tax Act (Canada); and 148 (c) an insured employee benefit. 130b. — (1) The School Board and the boards of educa- Joint negoti tion shall act together as one party in negotiations and pro- boards ^ ceedings related to making or renewing an agreement men- tioned in section 130a. (2) Negotiations on behalf of the School Board and the Committee boards of education related to making or renewing an agree- ment mentioned in section 130a shall be carried out under the 8 Bill 127 MUN. OF METRO. TORONTO 1982 direction of a committee with each of the boards appointing one member of the committee. Decisions by committee Ratification by boards (3) A decision by the majority of the members of the com- mittee, representing together the employers of a majority of the elementary school teachers or secondary school teachers (as the case requires), is the decision of the committee. (4) A decision by the committee to approve an agreement mentioned in section 130a is not effective until the decision is ratified by a majority of the boards and the majority employs the majority of the elementary school teachers or secondary school teachers, as the case requires. Replacement of member of committee (5) The School Board may remove from the committee a person appointed by the School Board and a board of educa- tion may remove from the committee a person appointed by the board of education, but the School Board or board of edu- cation (as the case requires) shall appoint another person to the committee in the place of the person removed. Joint negoti- ations by elementary school branch affiliates 130c. — (1) The branch affiliates that represent the ele- mentary school teachers employed by the boards shall act together as one party in negotiations and proceedings related to making or renewing an agreement mentioned in section 130a. Committee (2) Negotiations on behalf of the branch affiliates mentioned in subsection (1) shall be carried out under the direction of a committee, with each of the branch affiliates appointing one member of the committee. Appoint- ments (3) Two or more branch affiliates may each appoint the same person to be a member of the committee under subsec- tion (2). Joint negoti- ations by secondary school branch affiliates 130d. — (1) The branch affiliates that represent the sec- ondary school teachers employed by the boards shall act together as one party in negotiations and proceedings related to making or renewing an agreement mentioned in section 130a. Committee (2) Negotiations on behalf of the branch affiliates mentioned in subsection (1) shall be carried out under the direction of a committee, with each of the branch affiliates appointing one member of the committee. Appoint- ments (3) Two or more branch affiliates may each appoint the same person to be a member of the committee under subsec- tion (2). 1982 MUN. OF METRO. TORONTO Bill 127 130e. — (1) A committee directing negotiations on behalf Committee of branch affiliates may determine its own procedures. (2) A decision by a committee to approve an agreement Ratification mentioned in section 130a is not effective until the decision is ratified, (a) by a majority of the elementary school teachers or secondary school teachers, as the case may be, who are employed by the boards and participate in the ratification vote; and (b) by a majority of the elementary school teachers or secondary school teachers, as the case may be, who participate in the ratification vote mentioned in clause (a) conducted among the elementary school teachers or secondary school teachers, as the case may be, employed by each of a majority of the boards. 130f. — (1) The boards and the branch affiliates that rep- Additional resent the elementary school teachers employed by the boards eiTmemai?^ may include in an agreement between them mentioned in sec- tion 130a any other term or condition of employment that is agreed upon by the School Board, all the boards of education and all the branch affiliates that represent the elementary school teachers employed by the boards. school agreement (2) The boards and the branch affiliates that represent the Additional secondary school teachers employed by the boards may include L™ondary° in an agreement between them mentioned in section 130a any school other term or condition of employment of the teachers that is ^sreemem agreed upon by the School Board, all the boards of education and all the branch affiliates that represent the secondary school teachers employed by the boards. 130g. — (1) A board and the branch affiliates that repre- sent the elementary school teachers employed by the board may negotiate and enter into or renew an agreement respect- ing a term or condition of employment that is not within the scope of the negotiations or the agreement mentioned in sec- tion 130a. Elementary school local agreement (2) A board and the branch affiliates that represent the sec- secondary ondary school teachers employed by the board may negotiate agreemem and enter into or renew an agreement respecting a term or condition of employment that is not within the scope of the negotiations or the agreement mentioned in section 130a. 10 Bill 127 MUN. OF METRO. TORONTO 1982 Priority R.S.0. 1980, C.464 (3) No board or branch affiliate shall make or renew an agreement respecting a term or condition mentioned in subsec- tion (1) or (2) until an agreement mentioned in subsection 130a (1) or (2), as the case requires, is made or renewed in accord- ance with this Part and the School Boards and Teachers Collec- tive Negotiations Act. Separate proceedings (4) Negotiations to make or renew an agreement mentioned in section 130a and negotiations to make or renew an agree- ment mentioned in subsection (1) or (2) may proceed simuha- neously and the School Boards and Teachers Collective Negoti- ations Act applies separately in respect of each such agreement and the negotiations and proceedings in respect of each such agreement. Application of R.S.O. 1980, c.464 130h. — (1) Except as modified by this Part, the School Boards and Teachers Collective Negotiations Act applies to negotiations, proceedings and agreements between the boards and the branch affiliates that represent the teachers employed by the boards. Application of ss. 130a to 130i (2) Sections 130a to 130i do not apply in respect of an agree- ment or negotiations to make or renew an agreement that is to come into force before the 1st day of September, 1983. Term of agreement (3) An agreement that is to come into force before the 1st day of September, 1983 shall be for a term that ends on the 31st day of August, 1983. Application of Part (4) No agreement between a board and a branch affiliate that comes into force on or after the 1st day of September, 1983 is valid unless the agreement is made or renewed in accordance with this Part. onm^c'ls ^^^ Subsections (1) to (4) are subject to the Inflation Restraint Act, 1982. Board not to implement variant term or condition of employment Direction by O.L.R.B. 130i. — (1) No board shall implement a term or condition of employment that is at variance from or inconsistent with an agreement mentioned in section 130a. (2) Where, on the application of a board, the Ontario Labour Relations Board is satisfied that a board is implement- ing a term or condition of employment that is within the scope of and that is at variance from or inconsistent with an agree- ment mentioned in section 130a, the Ontario Labour Relations Board may so declare and may direct what action boards, branch affiliates, and their employees and agents shall do or 1982 MUN. OF METRO. TORONTO Bill 127 11 refrain from doing with respect to the term or condition of employment. (3) The Ontario Labour Relations Board shall file in the Enforcement office of the Registrar of the Supreme Court a copy of a direc- tion made under subsection (1), exclusive of the reasons there- for, and the direction shall be entered and is enforceable in the same way as a judgment or order of the Supreme Court. (4) The Labour Relations Act applies with necessary modifi- Application cations in respect of proceedings before the Ontario Labour r.s.o. i980, Relations Board under this section. c. 228 8. The said Act is further amended by adding thereto the s. i30j, following section: """*=*^ 130j. — (1) In this section, (a) "additional", in relation to teachers, means in addi- tion to the teachers that a board is entitled to employ under an agreement under section 130a; Interpre- tation (b) "school year" has the same meaning as in the Educa- ^ so. i980, tion Act; "■ ^^^ (c) "total rateable property" means "total rateable property" as defined in subclause 127 (7) (c) (i). (2) A board of education may employ in a year more ele- Employment mentary school teachers or secondary school teachers or both teache'rs^"^ than the board of education is entitled to employ under an agreement under section 130a if the expenditure attributable to the employment of the additional teachers, (a) is not included in the portion of the estimates of the board of education approved by the School Board; and (b) does not exceed, in the case of elementary school teachers, a sum calculated at one and one-half mills in the dollar upon the total rateable property for pubHc elementary school purposes according to the assessment roll on which taxes were levied in 1983 or, in the case of secondary school teachers, a sum calculated at one mill in the dollar upon the total rateable property for secondary school purposes according to the assessment roll on which taxes were levied in 1983. 12 Bill 127 MUN. OF METRO. TORONTO 1982 Limitation Termination of employment, additional elementary school teachers Termination of employment, secondary school teachers (3) Where in a year the School Board has increased the apportionment of an area municipality under subsection 127 (5) for public elementary or secondary school purposes or both, the maximum amount of expenditure attributable to the employment of the additional teachers limited by clause (2) (b) shall be reduced, (a) in the case of the employment of elementary school teachers, by the amount if any by which the appor- tionment was increased under subsection 127 (5) for public elementary school purposes; and (b) in the case of the employment of secondary school teachers, by the amount if any by which the appor- tionment was increased under subsection 127 (5) for secondary school purposes. (4) Where the increase in the apportionment mentioned in subsection (3) exceeds a sum calculated at one and one-half mills in the dollar upon the total rateable property for public elementary school purposes according to the assessment roll on which taxes were levied in 1983, the board of education, (a) shall not continue the employment of the additional elementary school teachers beyond the end of the school year that ends in the year in which the appor- tionment is increased; and (b) shall not employ more additional elementary school teachers in the year in which the apportionment is increased, (5) Where the increase in the apportionment mentioned in subsection (3) exceeds a sum calculated at one mill in the dollar upon the total rateable property for secondary school purposes according to the assessment roll on which taxes were levied in 1983, the board of education, (a) shall not continue the employment of the additional secondary school teachers beyond the end of the school year that ends in the year in which the appor- tionment is increased; and (b) shall not employ more additional secondary school teachers in the year in which the apportionment is increased. Determi- nation as to number of teachers (6) For the purposes of subsections (1) to (5) in respect of the period from and including the 1st day of January, 1983 to the day that an agreement under section 130a comes into force, 1982 MUN. OF METRO. TORONTO Bill 127 13 the School Board may determine, in such manner as the School Board considers proper, the number of teachers that a board is entitled to employ under an agreement under section 130a. 9. — (1) Subsection 133 (1) of the said Act is amended by si33(i), adding thereto the following clause: amended (e) shall set forth separately the estimated expenditure in respect of the employment of teachers under sec- tion 130j in addition to the number of teachers that the board is entitled to employ under an agreement under section 130a that provides the method by which the number of teachers to be employed by the board is determined. (2) Clauses 133 (4) (a) and (b) of the said Act are repealed and «• 1^3 (4) (a, the following substituted therefor: re^nacted (a) the aggregate estimates of all sums required for pub- lic elementary school purposes and the aggregate of the revenues for such purposes to be derived from the School Board pursuant to the estimates approved by the School Board shall not exceed a sum calcu- lated at one and one-half mills in the dollar upon the total rateable property (as defined in section 127) in the area municipality for public school purposes less the amount of the increase, if any, in the amount of the apportionment to the area municipality for public elementary school purposes under subsection 127 (6); and (b) the aggregate estimates of all sums required for sec- ondary school purposes and the aggregate of the rev- enues for such purposes to be derived from the School Board pursuant to the estimates approved by the School Board shall not exceed a sum calculated at one mill in the dollar upon the total rateable prop- erty (as defined in section 127) in the area municipal- ity for secondary school purposes less the amount of the increase, if any, in the amount of the apportion- ment to the area municipality for secondary school purposes under subsection 127 (6). 10. Subsections 219 (3) and (4) of the said Act are repealed l-J}^}2'J^' and the following substituted therefor: re-enacted (3) The amount levied under subsection (1) for public school fj^^^"^^'^ purposes shall be apportioned among the area municipalities in purposes the amounts determined by the School Board under section 127. 14 Bill 127 MUN. OF METRO. TORONTO 1982 Secondary school purposes (4) The amount levied under subsection (1) for secondary school purposes shall be apportioned among the area munici- palities in the amounts determined by the School Board under section 127. Application of certain sections 11, — (1) The following apply only in respect of estimates and apportionments in 1983 and subsequent years: 1. Subsections 127 (3) to (7) of the said Act, as enacted by section 6. 2. Clause 133 (1) (e) of the said Act, as enacted by sec- tion 9. Mem Commence- ment Idem Short title 3. Clauses 133 (4) (a) and (b) of the said Act, as re- enacted by section 9. 4. Subsections 219 (3) and (4) of the said Act, as re- enacted by section 10. (2) Sections 127, 133 and 219 of the said Act, as they existed before the coming into force of this Act, continue to apply in respect of estimates and apportionments in 1982. 12. — (1) This Act, except section 8, comes into force on the day it receives Royal Assent. (2) Section 8 comes into force on the 1st day of January, 1983. 13. The short title of this Act is the Municipality of Metro- politan Toronto Amendment Act, 1983. I Bill 127 2nd session, 32nd LEGISLATURE, ONTARIO 31 ELIZABETH II, 1982 Bill 127 (Chapter 9 Statutes of Ontario, 1983) An Act to amend the Municipality of Metropolitan Toronto Act The Hon. B. Stephenson Minister of Education and Minister of Colleges and Universities 1st Reading May 28th , 1 982 2nd Reading June 28th, 1982 3rd Reading February 23rd, 1983 Royal Assent February 23rd, 1983 Printed by authority of the Legislative Assembly of Ontario BiU 127 1982 An Act to amend the Municipality of Metropolitan Toronto Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) Section 116 of the Municipality of Metropolitan «• ii<»' Toronto Act, being cliapter 314 of the Revised Statutes of '""^"*' Ontario, 1980, is amended, (a) by relettering clauses (a) and (b) as (bb) and (be); and (b) by adding thereto the following clauses: (a) "boards" means the School Board and the boards of education; (b) "boards of education" means the following: 1. The Board of Education for the Borough of East York. 2. The Board of Education for the Borough of Etobicoke. 3. The Board of Education for the City of North York. 4. The Board of Education for the Borough of Scarborough. 5. The Board of Education for the City of Toronto. 6. The Board of Education for the Borough of York; (ba) "elementary school teacher" means a teacher who is a member of, Bill 127 MUN. OF METRO. TORONTO 1982 (i) L' Association des Enseignants Franco- Ontariens, if the major portion of the teacher's teaching assignment is at the elementary school level, (ii) The Federation of Women Teachers' Associations of Ontario, or (iii) The Ontario Public School Men Teach- ers' Federation; (f) "secondary school teacher" means a teacher who is a member of, (i) L' Association des Enseignants Franco- Ontariens, if less than the major portion of the teacher's teaching assignment is at the elementary school level, or (ii) The Ontario Secondary School Teachers' Federation. s. 116, amended (2) The said section 116 is further amended by adding thereto the following subsection: Interpre- tation R.S.O. 1980, c. 464 (2) In this Part, (a) "agreement" (in relation to the employment of teachers), "branch affiliate" and "teacher" have the same meanings as in the School Boards and Teachers Collective Negotiations Act; and R.S.O. 1980, c. 129 (b) "elementary school" and "secondary school" have the same meanings as in the Education Act. s. 118(4), re-enacted 2. — (1) Subsection 118 (4) of the said Act is repealed and the following substituted therefor: Election and (4) xhc clcction of members of the boards of education shall termo o ice ^^ conductcd by the same officers and in the same manner as elections of members of the council of a municipality. Transitional (2) The members of the boards of education mentioned in sec- tion 118 of the said Act elected to office in the regular election in 1982 shall hold office for a term of three years and until their successors are elected and a new board organized. 1982 MUN. OF METRO. TORONTO Bill 127 3. Subsection 121 (3) of the said Act is amended by striking "• 121 (3), out "or otherwise participate" in the seventh line. amended 4. Subsection 124 (1) of the said Act is repealed and the fol- lowing substituted therefor: s, 124(1), re-enacted (1) Ten members of the School Board are necessary to form Quorum a quorum when the School Board is dealing with matters that ""^'"^ affect public schools exclusively and eleven members of the School Board are necessary to form a quorum in all other cases, and the concurring votes of a majority of the members of the School Board present who are entitled to vote on any matter are necessary to carry such matter. 5. Section 125 of the said Act is repealed and the following s. 125 substituted therefor: re-enacted 125. — (1) Except as provided in this section and in sub- Term of section 126 (5), the members of the School Board appointed °^^'''^ by boards of education shall hold office while they are mem- bers of their respective boards of education and until their suc- cessors take office and a new board is organized. (2) Where as a result of a change in the chairmanship of a chairman of board of education, a member of the board of education who is education also a member of the School Board becomes chairman of such board of education, his seat on the School Board, otherwise than as chairman of the board of education, becomes vacant, and another member of the board of education shall be appointed to fill the vacancy. (3) A member of the School Board appointed by a board of Resignation education and who is not the chairman of the School Board of schoor^^ may, with the consent, Board (a) of the board of education that appointed him; and (b) of a majority of the members of the School Board present at a meeting, entered upon the minutes of it, resign as a member without resigning from the board of educa- tion, but he shall not vote on a motion as to his own resignation and may not resign as a member of the School Board if his resignation will reduce the number of members of the School Board to less than a quorum under subsection 124 (1). (4) The appointment of members of the School Board by the Members Metropolitan Separate School Board shall be made at the first Metrolwiitan meeting of the Metropolitan Separate School Board in each separate year after the regular elections in the area municipalities have Bill 127 MUN. OF METRO. TORONTO 1982 Resignation of member appointed by Metropolitan Separate School Board been held, and such members, except as provided in subsection (5) and subsection 126 (5), shall hold office until their succes- sors take office and a new School Board is organized. (5) A member of the School Board appointed by the Metro- politan Separate School Board may, with the consent, (a) of the Metropolitan Separate School Board; and (b) of a majority of the members of the School Board present at a meeting, entered upon the minutes of it, resign as a member, but shall not vote on a motion as to his own resignation and may not resign as a member of the School Board if his resignation will reduce the number of members of the School Board to less than a quorum for secondary school purposes. s.l27(l)(f), amended 6. — (1) Clause 127 (1) (f) of the said Act is amended by striking out "and to pay to each member who is a member of a board of education an allowance not exceeding $2,400 per annum and to each member appointed by the Metropolitan Separate School Board an allowance not exceeding $1,200 per annum, and to the chairman of the School Board an additional allowance not exceeding one-third of the allowance paid to him as a member of the School Board" in the fifth to twelfth lines. s. 127, amended (2) Section 127 of the said Act is amended by adding thereto the following subsections: Allowances (la) The School Board may pay. (a) to each member of the School Board an allow- ance in such amount as is determined by the School Board for members; (b) to each alternate member of the School Board an allowance in such amount as is determined by the School Board for alternate members; and When applicable (c) to the chairman of the School Board, in addi- tion to the allowance under clause (a) or (b), an allowance in such amount as is determined by the School Board for the chairman. (lb) A determination under subsection (la) applies only in respect of allowances to members, alternate members and the chairman of the School Board after the regular election of 1982 MUN. OF METRO. TORONTO Bill 127 members of boards of education in the Metropolitan Area next following the day of the determination, (Ic) The School Board may decrease the amount of an Decrease allowance determined under subsection (la) and the decrease is effective on the date specified by the School Board, (3) When the School Board submits its estimates for public Apportion elementary school purposes and for secondary school purposes So^^i to the Metropolitan Council, the School Board shall also pro- vide the Metropolitan Council with a statement of the portions of the amount required for public elementary school purposes and for secondary school purposes that the School Board has determined shall be apportioned to each area municipality in accordance with subsection (6). Board Reduction of apportionment (4) Where the estimates for public elementary or for second- ary school purposes of a board of education in the Metropolitan Area that are approved in whole or in part by the School Board have been reduced in accordance with clause 133 (1) (b) by the application of a surplus, the School Board shall, except where it considers that the surplus is attributable to the provision of moneys pursuant to clause 133 (9) (b), reduce the apportion- ment for public elementary or for secondary school purposes, as the case may be, to the area municipality in which the board of education has jurisdiction by an amount that, in the opinion of the School Board, is equal to the portion of the surplus that was raised by local taxation in the area municipality. (5) Where the estimates for public elementary or for second- increase of ary school purposes of a board of education in the Metropolitan St'^'^" Area provide for a deficit of a previous year and the estimates have been approved by the School Board in whole or in part, the School Board shall increase the apportionment that would otherwise be made for public elementary or for secondary school purposes, as the case may be, to the area municipality in which the board of education has jurisdiction, by an amount that does not exceed the amount of the deficit, and in determin- ing the amount of the increase in the apportionment the School Board shall give consideration to any circumstances that, in the opinion of the School Board, contributed to the size of the defi- cit and could not reasonably have been foreseen. (6) For the purpose of determining the apportionment to the area municipalities in the Metropolitan Area of the sums required for public elementary and for secondary school pur- poses, the School Board shall remove from the amount of its estimates submitted separately for public elementary and for Calculation of apportionment Bill 127 MUN. OF METRO. TORONTO 1982 secondary school purposes to the Metropolitan Council under clause (1) (g) the portions of the surpluses to be used for reduc- ing apportionments under subsection (4) and the portions of the deficits to be used for increasing apportionments under sub- section (5) and shall apportion the remainder of the amount of the estimates for public elementary and for secondary school purposes, as the case may be, in the proportion, (a) that the total rateable property for public school pur- poses in respect of each area municipality bears to the total rateable property in the Metropolitan Area for public school purposes; and (b) that the total rateable property for secondary school purposes in respect of each area municipality bears to the total rateable property in the Metropolitan Area for secondary school purposes, and each apportionment so determined shall then be adjusted by the School Board by reduction under subsection (4) or increase under subsection (5). Interpre- (7) In tWs SCCtion, tation (a) "commercial assessment" has the same meaning as R s.o. 1980, in clause 220 (a) of the Education Act; c. 129 ^ ^ ' (b) "residential and farm assessment" has the same meaning as in clause 220 (b) of the Education Act; (c) "total rateable property", (i) in relation to an area municipahty, means the sum of, (A) residential and farm assessment, (B) commercial assessment, and (C) the valuations of properties in respect of which a portion of the payments in lieu of taxes paid by the Crown in right of Can- ada or a province or any board, commis- sion, corporation or other agency of the Crown in right of Canada or a province or by Ontario Hydro is required by law to be allocated for school purposes, in the area municipality, and 1982 MUN. OF METRO. TORONTO Bill 127 (ii) in relation to the Metropolitan Area, means the sum of the total rateable property of the area municipalities in the Metropolitan Area. 7. The said Act is amended by adding thereto the following ««• i30a-i30i, .. _ enacted sections: 130a. — (1) There shall be only one agreement at any one Elementary time, and only one set of negotiations to make or renew the agreement agreement, respecting the terms and conditions of employ- ment described in subsection (3) between the boards and the branch affiliates that represent the elementary school teachers employed by the boards. (2) There shall be only one agreement at any one time, and Secondary only one set of negotiations to make or renew the agreement, agreement respecting the terms and conditions of employment described in subsection (3) between the boards and the secondary school teachers employed by the boards. (3) The terms and conditions of employment referred to in Contents of subsections (1) and (2) are salaries and financial benefits of ^^''^^'"^" teachers and the method by which the number of teachers to be employed by a board is determined. (4) In this section, "financial benefits" means, interpre- ^ ■^ ' tation (a) compensation other than salary payable or provided directly or indirectly except money paid in reim- bursement of expenses incurred in the performance of duties; (b) a benefit that, at the date the agreement under which the benefit is provided is ratified, has a value that is required to be included in income under the Income Rs^c. i980, Tax Act (Canada) ; and (c) an insured employee benefit. 130b. — (1) The School Board and the boards of educa- Joint negoti- ^ ■' . . . J ations by tion shall act together as one party m negotiations and pro- boards ceedings related to making or renewing an agreement men- tioned in section 130a. (2) Negotiations on behalf of the School Board and the committee boards of education related to making or renewing an agree- ment mentioned in section 130a shall be carried out under the direction of a committee with each of the boards appointing one member of the committee. Bill 127 MUN. OF METRO. TORONTO 1982 Decisions by committee Ratification by boards Replacement of member of committee Joint negoti- ations by elementary school branch affiliates (3) A decision by the majority of the members of the com- mittee, representing together the employers of a majority of the elementary school teachers or secondary school teachers (as the case requires), is the decision of the committee. (4) A decision by the committee to approve an agreement mentioned in section 130a is not effective until the decision is ratified by a majority of the boards and the majority employs the majority of the elementary school teachers or secondary school teachers, as the case requires. (5) The School Board may remove from the committee a person appointed by the School Board and a board of educa- tion may remove from the committee a person appointed by the board of education, but the School Board or board of edu- cation (as the case requires) shall appoint another person to the committee in the place of the person removed. 130c. — (1) The branch affiliates that represent the ele- mentary school teachers employed by the boards shall act together as one party in negotiations and proceedings related to making or renewing an agreement mentioned in section 130a. Committee (2) Negotiations on behalf of the branch affiliates mentioned in subsection (1) shall be carried out under the direction of a committee, with each of the branch affiliates appointing one member of the committee. Appoint- ments Joint negoti- ations by secondary school branch affiliates (3) Two or more branch affiliates may each appoint the same person to be a member of the committee under subsec- tion (2). 130d. — (1) The branch affiliates that represent the sec- ondary school teachers employed by the boards shall act together as one party in negotiations and proceedings related to making or renewing an agreement mentioned in section 130a. Committee (2) Negotiations on behalf of the branch affiliates mentioned in subsection (1) shall be carried out under the direction of a committee, with each of the branch affiliates appointing one member of the committee. Appoint- ments Committee (3) Two or more branch affiliates may each appoint the same person to be a member of the committee under subsec- tion (2). 130e. — (1) A committee directing negotiations on behalf of branch affiliates may determine its own procedures. 1982 MUN. OF METRO. TORONTO Bill 127 (2) A decision by a committee to approve an agreement Ratification mentioned in section 130a is not effective until the decision is ratified, (a) by a majority of the elementary school teachers or secondary school teachers, as the case may be, who are employed by the boards and participate in the ratification vote; and (b) by a majority of the elementary school teachers or secondary school teachers, as the case may be, who participate in the ratification vote mentioned in clause (a) conducted among the elementary school teachers or secondary school teachers, as the case may be, employed by each of a majority of the boards. 130f. — (1) The boards and the branch affiliates that rep- resent the elementary school teachers employed by the boards may include in an agreement between them mentioned in sec- tion 130a any other term or condition of employment that is agreed upon by the School Board, all the boards of education and all the branch affiliates that represent the elementary school teachers employed by the boards. Additional provision of elementary school agreement (2) The boards and the branch affiliates that represent the secondary school teachers employed by the boards may include in an agreement between them mentioned in section 130a any other term or condition of employment of the teachers that is agreed upon by the School Board, all the boards of education and all the branch affiliates that represent the secondary school teachers employed by the boards. Additional provision of secondary school agreement 130g. — (1) A board and the branch affiliates that repre- f^'^^^l^ sent the elementary school teachers employed by the board agreement may negotiate and enter into or renew an agreement respect- ing a term or condition of employment that is not within the scope of the negotiations or the agreement mentioned in sec- tion 130a. (2) A board and the branch affiliates that represent the sec- ^^^,^'^°^,''£, ondary school teachers employed by the board may negotiate agreement and enter into or renew an agreement respecting a term or condition of employment that is not within the scope of the negotiations or the agreement mentioned in section 130a. (3) No board or branch affiliate shall make or renew an Priority agreement respecting a term or condition mentioned in subsec- tion (1) or (2) until an agreement mentioned in subsection 130a 10 Bill 127 MUN. OF METRO. TORONTO 1982 R.S.O. 1980, c. 464 (1) or (2), as the case requires, is made or renewed in accord- ance with this Part and the School Boards and Teachers Collec- tive Negotiations Act. Separate proceedings (4) Negotiations to make or renew an agreement mentioned in section 130a and negotiations to make or renew an agree- ment mentioned in subsection (1) or (2) may proceed simulta- neously and the School Boards and Teachers Collective Negoti- ations Act applies separately in respect of each such agreement and the negotiations and proceedings in respect of each such agreement. Application of R.S.O. 1980, c. 464 130h. — (1) Except as modified by this Part, the School Boards and Teachers Collective Negotiations Act applies to negotiations, proceedings and agreements between the boards and the branch affiliates that represent the teachers employed by the boards. Application of ss. 130a to 130i (2) Sections 130a to 130i do not apply in respect of an agree- ment or negotiations to make or renew an agreement that is to come into force before the 1st day of September, 1983. Term of agreement (3) An agreement that is to come into force before the 1st day of September, 1983 shall be for a term that ends on the 31st day of August, 1983. Application of Part (4) No agreement between a board and a branch affiliate that comes into force on or after the 1st day of September, 1983 is valid unless the agreement is made or renewed in accordance with this Part. oFmi'c^ (5) Subsections (1) to (4) are subject to the Inflation Restraint Act, 1982. Board not to implement variant term or condition of employment Direction by O.L.R.B. 130i. — (1) No board shall implement a term or condition of employment that is at variance from or inconsistent with an agreement mentioned in section 130a. (2) Where, on the application of a board, the Ontario Labour Relations Board is satisfied that a board is implement- ing a term or condition of employment that is within the scope of and that is at variance from or inconsistent with an agree- ment mentioned in section 130a, the Ontario Labour Relations Board may so declare and may direct what action boards, branch affiliates, and their employees and agents shall do or refrain from doing with respect to the term or condition of employment. 1982 MUN. OF METRO. TORONTO Bill 127 11 (3) The Ontario Labour Relations Board shall file in the Enforcement office of the Registrar of the Supreme Court a copy of a direc- tion made under subsection (1), exclusive of the reasons there- for, and the direction shall be entered and is enforceable in the same way as a judgment or order of the Supreme Court. (4) The Labour Relations Act applies with necessary modifi- Application cations in respect of proceedings before the Ontario Labour t.s o i980 Relations Board under this section. c. 228 8. The said Act is further amended by adding thereto the «• i30j, following section: enacted Interpre- tation 130j. — (1) In this section, (a) "additional", in relation to teachers, means in addi- tion to the teachers that a board is entitled to employ under an agreement under section 130a; (b) "school year" has the same meaning as in the Educa- R s.o. i980, tion Act; ^- ^^^ (c) "total rateable property" means "total rateable property" as defined in subclause 127 (7) (c) (i). (2) A board of education may employ in a year more ele- Employment mentary school teachers or secondary school teachers or both Serr"^' than the board of education is entitled to employ under an agreement under section 130a if the expenditure attributable to the employment of the additional teachers, (a) is not included in rhe portion of the estimates of the board of education approved by the School Board; and (b) does not exceed, in the case of elementary school teachers, a sum calculated at one and one-half mills in the dollar upon the total rateable property for public elementary school purposes according to the assessment roll on which taxes were levied in 1983 or, in the case of secondary school teachers, a sum calculated at one mill in the dollar upon the total rateable property for secondary school purposes according to the assessment roll on which taxes were levied in 1983. (3) Where in a year the School Board has increased the Limitation apportionment of an area municipality under subsection 127 (5) for public elementary or secondary school purposes or both, the maximum amount of expenditure attributable to the 12 Bill 127 MUN. OF METRO. TORONTO 1982 Termination of employment, additional elementary school teachers employment of the additional teachers limited by clause (2) (b) shall be reduced, (a) in the case of the employment of elementary school teachers, by the amount if any by which the appor- tionment was increased under subsection 127 (5) for public elementary school purposes; and (b) in the case of the employment of secondary school teachers, by the amount if any by which the appor- tionment was increased under subsection 127 (5) for secondary school purposes. (4) Where the increase in the apportionment mentioned in subsection (3) exceeds a sum calculated at one and one-half mills in the dollar upon the total rateable property for public elementary school purposes according to the assessment roll on which taxes were levied in 1983, the board of education, (a) shall not continue the employment of the additional elementary school teachers beyond the end of the school year that ends in the year in which the appor- tionment is increased; and (b) shall not employ more additional elementary school teachers in the year in which the apportionment is increased. Termination of employment, secondary school teachers (5) Where the increase in the apportionment mentioned in subsection (3) exceeds a sum calculated at one mill in the dollar upon the total rateable property for secondary school purposes according to the assessment roll on which taxes were levied in 1983, the board of education, (a) shall not continue the employment of the additional secondary school teachers beyond the end of the school year that ends in the year in which the appor- tionment is increased; and (b) shall not employ more additional secondary school teachers in the year in which the apportionment is increased. Determi- nation as to number of teachers (6) For the purposes of subsections (1) to (5) in respect of the period from and including the 1st day of January, 1983 to the day that an agreement under section 130a comes into force, the School Board may determine, in such manner as the School Board considers proper, the number of teachers that a board is entitled to employ under an agreement under section 130a. 1982 MUN. OF METRO. TORONTO Bill 127 13 9. — (1) Subsection 133 (1) of the said Act is amended by s i33(i), amended adding thereto the following clause: (e) shall set forth separately the estimated expenditure in respect of the employment of teachers under sec- tion 130j in addition to the number of teachers that the board is entitled to employ under an agreement under section 130a that provides the method by which the number of teachers to be employed by the board is determined. (2) Clauses 133 (4) (a) and (b) of the said Act are repealed and « i33 (4) (a, the following substituted therefor: re-enacted (a) the aggregate estimates of all sums required for pub- lic elementary school purposes and the aggregate of the revenues for such purposes to be derived from the School Board pursuant to the estimates approved by the School Board shall not exceed a sum calcu- lated at one and one-half mills in the dollar upon the total rateable property (as defined in section 127) in the area municipality for public school purposes less the amount of the increase, if any, in the amount of the apportionment to the area municipality for public elementary school purposes under subsection 127 (6); and (b) the aggregate estimates of all sums required for sec- ondary school purposes and the aggregate of the rev- enues for such purposes to be derived from the School Board pursuant to the estimates approved by the School Board shall not exceed a sum calculated at one mill in the dollar upon the total rateable prop- erty (as defined in section 127) in the area municipal- ity for secondary school purposes less the amount of the increase, if any, in the amount of the apportion- ment to the area municipality for secondary school purposes under subsection 127 (6). 10. Subsections 219 (3) and (4) of the said Act are repealed I'J^^^^;^^' and the following substituted therefor: (3) The amount levied under subsection (1) for public school ^'^^^"'^^ purposes shall be apportioned among the area municipalities in purposes the amounts determined by the School Board under section 127. 14 Bill 127 MUN. OF METRO. TORONTO 1982 Secondary school purposes (4) The amount levied under subsection (1) for secondary school purposes shall be apportioned among the area munici- palities in the amounts determined by the School Board under section 127. Application of certain sections 11. — (1) The following apply only in respect of estimates and apportionments in 1983 and subsequent years: 1. Subsections 127 (3) to (7) of the said Act, as enacted by section 6. 2. Clause 133 (1) (e) of the said Act, as enacted by sec- tion 9. 3. Clauses 133 (4) (a) and (b) of the said Act, as re- enacted by section 9. Idem Commence- ment Idem Short title 4. Subsections 219 (3) and (4) of the said Act, as re- enacted by section 10. (2) Sections 127, 133 and 219 of the said Act, as they existed before the coming into force of this Act, continue to apply in respect of estimates and apportionments in 1982. 12. — (1) This Act, except section 8, comes into force on the day it receives Royal Assent. (2) Section 8 shall be deemed to have come into force on the 1st day of January, 1983. 13. The short title of this Act is the Municipality of Metro- politan Toronto Amendment Act, 1983. BILL 128 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act respecting Gas Credit Card Payments to Dealers Mr. Swart TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note Producers, importers, or refiners of petroleum products or other persons who sell petroleum products at wholesale and issue credit cards to the public will be prevented by this Bill from making a charge or levying a discount against dealers because payment or part payment is made by credit card scrip. BILL 128 1982 An Act respecting Gas Credit Card Payments to Dealers HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, interpre- tation (a) "dealer" means a person who sells petroleum products at retail; {b) "distributor" means a producer, importer or refiner of petroleum products, or other person who sells pet- roleum products at wholesale under his own brand name or names. 2. Where a purchase from a dealer is made by means of a ^^ discount respecting credit card that is issued by a distributor, the distributor shall not credit card make a charge or levy a discount in respect of the transaction, purchases 3. Where a distributor contravenes section 2, the dealer may Right of rr • set-off set the amount of the charge or discount oii agamst any moneys that he owes the distributor. 4. This Act comes into force on the day it receives Royal Commence- ment Assent. 5. The short title of this Act is the Gas Credit Card Payments Short title Act, 1982. to ^ ■^ **4. C2 S ^ W «> C/) § ^ o- > Or. Pi. ^ ^ s n 3 > CL o ^ •-< P n> vi t/) 3 n n 3 !-♦ t/5 5' QTQ Ct- o o O 03 t/2 Oi £L n rt' 1-1 1^ n W) CL BILL 129 Private Member's Bill 2nd Session, 32nd Legislature, Ontario 31 Elizabeth II, 1982 An Act to require that Consumer Contracts be Readable and Understandable Mr. Mancini TORONTO Printed by Alan Gordon, Queen's Printer for Ontario Explanatory Note The Bill requires that consumer contracts be readable and understandable by the ordinary consumer. A consumer contract that contravenes the detailed requirements set out in subsection 2 (1) may be rescinded by the consumer, who is also entitled to recover any damages suffered as a result of the contravention and may be entitled to punitive damages. BILL 129 1982 An Act to require that Consumer Contracts be Readable and Understandable HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, interpre- tation (a) "consumer" means an individual but does not include an individual, partnership or association of individuals acting in the course of carrying on business; (b) "consumer contract" means a contract between a con- sumer and a person who is not a consumer for the purchase or rental by the consumer of, (i) real property to be used for residential purposes, or (ii) goods and services; (c) "goods" means chattels personal or any right or interest therein other than things in action and money, includ- ing chattels that become fixtures but not including sec- urities as defined in the Securities Act; and ^^;9 ^^^°' c. 466 (d) "services" means services, (i) provided in respect of goods or of real property, or (ii) provided for social, recreational or self- improvement purposes, or (iii) that are in their nature instructional or educa- tional, and includes the provision of insurance. Requirements for consumer contract Technical terms Exceptions Statutory language Rescission Where rescission not possible 2. — (1) Where a consumer contract is made in writing, it shall, (a) be written in clear and coherent language; (b) contain only words that are generally understood, used in their common and everyday sense; (c) not contain a word that is used in a legal or technical sense inconsistent with its generally understood mean- ing; id) be arranged in a logical sequence; (e) be appropriately divided and captioned; (/) have a table of contents, if the consumer contract exceeds 3,000 words or three pages in length; (g) not contain unnecessarily long or complex sentences; (h) not contain unnecessary cross-references; (i) not contain a double negative or an exception to an exception; and (J) not be printed in less than ten point type. (2) Despite clause (1) (b), a consumer contract may contain a technical word that is not generally understood where the techni- cal word is required for the precise specification of a product or service. (3) Subsection (1) does not apply to a consumer contract, (a) that is entirely drafted as a result of detailed negotia- tions between the parties; or (b) where the consumer has been represented in negotia- tions by a solicitor who signs the consumer contract as the consumer's solicitor. (4) Clauses (1) (b) and (c) do not apply to a word that is defined or whose use is prescribed under a statute or regulation. 3. — (1) A consumer contract that contravenes subsection 2 (1) may be rescinded by the consumer and the consumer is entitled to recover any damages suffered as a result of the contravention. (2) Where rescission under subsection (1) is not possible because restitution is no longer possible, or because rescission would deprive a third party of a right in the subject-matter of the agreement that the third party has acquired in good faith and for value, the consumer is entitled to recover any damages suffered as a result of the contravention. (3) Where a consumer is entitled to a remedy conferred by Exemplary subsection (1) or (2), the court may also award the consumer exemplary or punitive damages. (4) A remedy conferred by subsection (1), (2) or (3) may be Time for rescission claimed by the giving of notice of the claim by the consumer in writing to each other party to the consumer contract within six months after the consumer contract is entered into. (5) A notice under subsection (4) may be delivered personally Delivery , . ,-111 11 111- of notice or sent by registered mail addressed to the person to whom deliv- ery is required to be made, and delivery by registered mail shall be deemed to have been made at the time of mailing. 4. This Act applies despite any agreement or waiver to the No ^^ '^ •' '-' contracting contrary. out 5. This Act binds the Crown. Cr«wn bound 6. This Act comes into force on a day to be named by procla- Commence- mation of the Lieutenant Governor. 7 . The short title of this Act is the Plain Language Act, 1982. Short title Pi bo OKI rvj c •-^ S 3 <-1 a. n '^ 3 C^ v> c^ 1—' O C5 xi 00 0^ > 3 >d o X2 &3 2 C_ i-« n" O) ta r-f- 3 3- CL 03 d O 3 o a. 3 n t/2 3 3 fD D- B5 n cr o n ^